IN THE CIRCUIT COURT OF THE ____________JUDICIAL CIRCUIT
IN AND FOR_________COUNTY, FLORIDA CIVIL ACTION_________________________________________,
vs._________________________________________ CASE NO: ____________________,
DEFENDANT,_____________________________by and through his undersigned attorney and moves this Honorable Court for an Order compelling mediation and as grounds therefore states as follows:
1. This is an action involving a mortgage foreclosure in which the DEFENDANT has attempted, in good faith, to resolve issues with the PLAINTIFF.
2. The DEFENDANT is willing to convey title to the property to the PLAINTIFF to avoid foreclosure as more fully set forth in the Affirmative Defenses filed in this action by the DEFENDANT.
3. The DEFENDANT has made good faith efforts to initiate direct contact with the PLAINTIFF in order to expedite this case, all such efforts without prejudice to the PLAINTIFF, in an attempt to resolve the disputes arising out of the mortgage foreclosure, but the DEFENDANT has not received a satisfactory response from PLAINTIFF or no response at all.
4. DEFENDANT further represents to both this Court and opposing counsel that the DEFENDANT is willing to engage in mediation to address the mortgage foreclosure action and resolve it on grounds which will be acceptable by PLAINTIFF and DEFENDANT which include, but may not be limited to the following:
5. The DEFENDANT believes that mediation will resolve the PLAINTIFF’S claims, the DEFENDANT’S defenses and further eliminate this case as a pending case on the Court Docket from a standpoint of further motion practice or hearings.
6. DEFENDANT represents to this Court that the DEFENDANT is not imposing this motion to delay or in any way prejudice the PLAINTIFF, but in fact a way to expedite this proceeding with a direct benefit to both the PLAINTIFF and DEFENDANT in this action, as well as to relieve the Court System of further judicial labor.
WHEREFORE Defendant demands early mediation between the Plaintiff and Defendant to resolve the existing dispute that exists in the case.
I HEREBY CERTIFY that a true and correct copy of the above and foregoing was furnished via facsimile _____________________and Regular U.S. Mail this ____ day of __________, 2009 to ___________________________________________________________.
Kevin F. Jursinski is recognized by the objective rating services of Martindale Hubbell as one of Southwest Florida's premier attorneys. He has concentrated more than 40 years of practice in the area of real estate, business and construction law in Naples and Fort Myers.
Firm Partner, Kara Jursinski Murphy, focuses her area of practice on Real Estate Litigation, Business Litigation and Real Estate and Business Transactional Law. Kara has earned the highly-esteemed designation of Board Certified Specialist (B.C.S.) and Expert in Real Estate by the Florida Bar. This certification recognizes attorneys who have special knowledge, skills and proficiency in various areas of law, including Real Estate, and professionalism and ethics in practice...
W. Ryan Murphy focuses his practice in the areas of Real Estate and Construction law.
About Brandon Sadighi focuses his practice in the areas of Real Estate, Business and Construction Law. Education Brandon was a “Double Gator” graduate, attending both undergraduate at the University of Florida, and most recently the University of Florida, Levin College of Law. Honors, Awards & Achievements During his time in law school, he served…
Mark R. Wagner focuses his practice in the areas of Real Estate, Business and Construction law.
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