Comments on: FL Homeowners Hit a Bump in Suit Over ‘Reprehensible’ Fraudclosure Court Filing Fees but Case Can Go Forward

By: Bobbi Swann

Bobbi Swann — Tue, 13 Dec 2011 17:25:37 +0000

In reply to Tee. You got that right!!!!

By: JamesM

JamesM — Tue, 13 Dec 2011 06:55:12 +0000

It would seem compulsory counterclaims are a necessary part of the answer, the rule requiring them to be filed with the answer or waved.
Since the Defendant did not choose to litigate, nor set the date of litigation, and is required to file a timely answer, the fees may force the defendant or file an incomplete response, (the cost means defendant may have to wave the compulsory counterclaims). Therefore limiting the defendants ability to assert all the defenses possible and denying fair access. The counterclaims being an offset to the orignal claim.

I think it would be good to ask, are the fees for foreclosure counterclaims:

(a) diffrent from other counterclaims in other actions ?
(b) diffrent from the fee if the same had been filed as an orignal complaint ?
(c) forcing defendants to chose between asserting the compulsory counterclaims, as is their legal right, or pay for competent counsel ? Most people in foreclosure have difficulty with the latter and have to waive the former, even though by doing so they lose their right to assert any compulsorily counterclaims.

By: Paul McLaughlin

Paul McLaughlin — Mon, 12 Dec 2011 20:37:36 +0000

Reprehensible fees are another way to disminish the likelihood of the slave class gaining any leverage against powerful crooks. ‘One set of laws for the Bankster ilk, another for the rest of us’

By: John

John — Mon, 12 Dec 2011 20:24:52 +0000

Be nice if the mortgage co or bank had to put up the amount of the suit and if it lost in court to a jury or judge the amount on deposit or escrow would be paid immediately to the homeowner.

Holding a party responsible for losses obtained by going to court should cut both ways and not be borne by only the homeowner!

By: Tee

Tee — Mon, 12 Dec 2011 20:03:21 +0000

Seems like Florida is mobster Head Quarters eh?