Foreclosure Pro Se
@ForeclosurePS
The journey of a Florida Foreclosure pro se
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Tender by the mortgagor of past due payments prior to acceleration defeats the mortgagee’s right to accelerate.
SJ improper if defendant has pending counterclaims and/or affirmative defenses not factually refuted and/or established to be insufficient.
Bank standing at inception of the suit is not established by filing the note with an undated endorsement after the complaint has been filed.
A party is not permitted to establish the right to maintain an action retroactively by acquiring standing to file a lawsuit after the fact.
Federal review of state-court judgments may only occur in the United States Supreme Court.
It is well-settled law that an order entered without notice is void.
Appellate courts do not generally provide parties with an opportunity to retry their case upon a failure of proof.
Granting relief which was neither requested by appropriate pleadings, nor tried by consent, is a violation of due process
A judgment which grants relief wholly outside the pleadings is void.
A trial court is without jurisdiction to award relief that was not requested in the pleadings or tried by consent.
The standard of this court’s review of the sufficiency of the evidence to prove standing to bring a foreclosure action is de novo.
It is reversible error for a trial court to grant summary judgment after a trial.
The entry of a default judgment which provides relief that exceeds the scope of the pleadings constitutes fundamental error.
Foreclosure does not terminate interests in the foreclosed real estate that are senior to the mortgage being foreclosed.
Plaintiff who fails to establish damages in nonjury trial is subject to involuntary dismissal.
A damages award must be supported by competent, substantial evidence.
A damages award must be supported by competent, substantial evidence.
Judicial interpretations of statutes are pure questions of law subject to de novo review
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