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Maverick
Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5766
Experience:  20 years of professional experience
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I am filing a motion to re-open a foreclosure case in the

Customer Question

Hi ,
i am filing a motion to re-open a foreclosure case in the First District Florida to enter new evidence, that the alleged note has been paid in full and to stop the foreclsure sale.
The security instrument ( promissory note) was presented, read and accepted in the local Servicing bank's office, by a bank manager that the allegedged note has been paid in full
My question is do I have to outline in a short form the details of the events like when I presented the promissory note and that a manager read? Shewent to a closed office, came out about ten minutes later, with a stamped time and a date on the note and signed "Accepted by...her name/ She notarized this document too..
The format to frame the motion is importnat to send in to the court along with the filing fee.It is the wording that I need to be sure about because teh sale is scheduled in mid-Sept
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Maverick replied 1 year ago.
Welcome to Just Answer! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Step one:
Please read the document at the link below as the court may ask you for a copy of the PROPOSED order to place the case back on the active calendar. You may want to submit a copy of that order with your motion to reopen.
http://www.ninthcircuit.org/sites/default/files/AO2013-028.pdf
Step two: READ THIS FLORIDA LAW AND SEE IF THE BANK WILL WORK WITH YOU IN FILING A SATISFACTION OF MORTGAGE INSTRUMENT WITH THE COURT ASAP. SHOW THE BANK THIS LAW.
655.059.
(2) Whenever the amount of money due on any mortgage, lien, or judgment has been fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor, or assignee, or the attorney of record in the case of a judgment, to whom the payment was made, shall execute in writing an instrument acknowledging satisfaction of the mortgage, lien, or judgment and have the instrument acknowledged, or proven, and duly entered in the official records of the proper county. Within 60 days after the date of receipt of the full payment of the mortgage, lien, or judgment, the person required to acknowledge satisfaction of the mortgage, lien, or judgment shall send or cause to be sent the recorded satisfaction to the person who has made the full payment. In the case of a civil action arising out of this section, the prevailing party is entitled to attorney fees and costs.
(3) Whenever a writ of execution has been issued, docketed, and indexed with a sheriff and the judgment upon which it was issued has been fully paid, it is the responsibility of the party receiving payment to request, in writing, addressed to the sheriff, return of the writ of execution as fully satisfied.
Step three:
SATISFACTION OF MORTGAGE Form is at the link below that you can use as a go-by:
http://webcache.googleusercontent.com/search?q=cache:-yrjV6cd5IMJ:www.seminoleclerk.org/FeesAndForms/public-forms/Satisfaction_of_Mortgage.doc+&cd=1&hl=en&ct=clnk&gl=us
Step four:
Once that is on file then you can also attach a copy of it to your motion to reopen the case.
WHAT TO DO IF THE BANK DOES NOT WANT TO COOPERATE:
Fill out and file an affidavit alleging the facts of what happened to support why you are asking for the court to reopen the case. You can also tell the court that on such and such date you paid the balance due, what amount and that you tried to get the bank to file an early satisfaction of mortgage but it refused to comply. A form affidavit for you to use is at the link below.
https://www.ilrg.com/forms/affidavit-gen/us/fl
Step five:
Along with your motion to reopen you will need to submit a motion to stay the foreclosure sale which you can find a form at the link below to use as a go-by:
http://www.legalservicesmiami.org/downloads/Motion-to-Cancel-Foreclosure-Sale-Notice-of-Hearing-Form-Order-on-Motion-to-Cancel-Foreclosure-Sale-and-Court-Instructions-on-Filing.pdf
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