Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Frazzled
I know that the the Plaintiff's attorney cannot. Can the plaintiff themselves be the surety or does a third party need to be the surety?

From what I have read many people seem to think that demanding the Plaintiff file a cost bond will make them back off in some cases.

Quite a few of the cases I have looked at show the Plaintiffs acting as surety for the bond themselves. If this is allowed, the cost bond issue does not seem to have as big an impact as come claim.


Quote 0 0
Bill

Frazzled wrote:
I know that the the Plaintiff's attorney cannot. Can the plaintiff themselves be the surety or does a third party need to be the surety?

From what I have read many people seem to think that demanding the Plaintiff file a cost bond will make them back off in some cases.

Quite a few of the cases I have looked at show the Plaintiffs acting as surety for the bond themselves. If this is allowed, the cost bond issue does not seem to have as big an impact as come claim.



Florida Statutes 57.011 - Costs; security by nonresidents


When a nonresident plaintiff begins an action or when a plaintiff after beginning an action removes himself or herself or his or her effects from the state, he or she shall file a bond with surety to be approved by the clerk of $100, conditioned to pay all costs which may be adjudged against him or her in said action in the court in which the action is brought. On failure to file such bond within 30 days after such commencement or such removal, the defendant may, after 20 days’ notice to plaintiff (during which the plaintiff may file such bond), move to dismiss the action or may hold the attorney bringing or prosecuting the action liable for said costs and if they are adjudged against plaintiff, an execution shall issue against said attorney.

It appears from this statute that the Plaintiff can post the bond.  There could be arguments that the Plaintiff itself did not post the bond as required because the attorney, servicer, or some other party did but we're splitting hairs.  You could upset the Judge making an argument like that.  The statute does allow for a judgment against the Plaintiff's attorney for these costs.  There are usually far more robust defense arguments that can be honed and effectively argued, especially in FL.  If the bond was NOT posted I'd make the argument.  I personally would not get into this if the bond was posted.

If you have a different statute please post it.

I'm not an attorney, this isn't legal advice..............
Quote 0 0
Frazzled
Hi Bill,

That is the same statute that I am referring to. I always thought that a surety was not a party to the action. If the Plaintiff can be the surety, then I don't understand why so many make it seem as if not filing a cost bond is huge deal. I can understand the demand that they file one.

I have seen many say that demanding a cost bond, will bring out the true party in inerest. That does not seem to be the case. All it seems to do is make the Plaintiff file it themselves.
Quote 0 0
Frazzled

Thanks for your help. I think that I have found what I needed.

Quote 0 0
Write a reply...