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Motion to Compel Mediation2

Motion to Compel Mediation – Singular


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:

a. Reinstatement of the mortgage and an agreement for payment of past due mortgage payments on amounts structured to meet the DEFENDANT’S income level.

b. Modification of the mortgage and potential reduction of the mortgage.

c. Reduction of the principal balance to 90% of the current fair market value of the property.

d. Reduction in the interest rate.

e. Agreement to allow a short sale on the property with release of mortgage and retention of liability against DEFENDANT.

f. Short sale of the property with release of mortgage and with waiver of liability for any deficiency as against the DEFENDANT.

g. Stipulation as to entry of agreed upon foreclosure judgment with the retention of liability for deficiency against the DEFENDANT.

h. Stipulation of entry of judgment of foreclosure with a waiver of liability against DEFENDANT for any deficiency.

i. Stipulation for obtainment of deed to the property and release of the mortgagor.

j. Stipulation in regard to acceptance of deed to the property by PLAINTIFF and an agreed upon and adjusted payment for any deficiency in a lump sum payment.

k. Promissory Note in lieu of cash payment for settlement of the deficiency amount.

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 ___________________________________________________________.

15701 S. Tamiami Trail
Fort Myers, Florida 33908
By: ______________________________
Kevin F. Jursinski, Esquire
Florida Bar Number 318851
Kevin F. Jursinski, B.C.S. Attorney Photo
Kevin F. Jursinski, B.C.S.
Senior Partner

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.

Kara Jursinski Murphy, LL.M., B.C.S. Attorney Photo
Kara Jursinski Murphy, LL.M., B.C.S.

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, Esq. Attorney Photo
W. Ryan Murphy, Esq.
Associate Attorney

W. Ryan Murphy focuses his practice in the areas of Real Estate and Construction law.

Mark R. Wagner, Esq. Attorney Photo
Mark R. Wagner, Esq.
Associate Attorney

Mark R. Wagner focuses his practice in the areas of Real Estate, Business and Construction law.

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    Kara is a very professional attorney. Diligent, responsive, and high attention to detail. She is worthy of the highest rating.

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    Very detailed and always well prepared. Practical to work with on issues that don't truly affect the clients. Excellent courtroom skills. I'm always comfortable referring a client over to her.

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    Managing Partner

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    Has tremendous analytical skills and temperament for litigator.

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    Kara Murphy doesn't give up. Ever. She is smart and tenacious.

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