Mortgage Foreclosure Case Dismissed

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) August 5, 2009 -- Trying to defend your mortgage foreclosure case? If you review the applicable laws and know how to present your arguments to the judge, then you can prevail against the bank.

At the hearing on May 26, 2009, Clay County Circuit Court Judge John Skinner granted the borrower's Motion to Dismiss the pending foreclosure case for failing to post the statutorily required non-resident cost bond.

Kevin L. Hagen, Esquire of Hagen and Hagen, P.A. in Ft. Lauderdale, Broward County, Florida, represented the borrower, Aurel Bumbu, in his mortgage foreclosure case against Citigroup.

After reviewing the court registry and Mr. Hagen's Motion to Dismiss, the judge granted the dismissal based upon "the Plaintiff's failure to have posted the requisite non-resident cost bond...." The Florida Statutes require that a foreign corporation instituting legal action in the State of Florida post a bond with the clerk of court prior to moving forward with the legal action.

Reviewing initial, minor details, such as Florida Statute 57.011 in Mr. Hagen's successful motion, may lead to similar results and force the lender to comply with all conditions prior to the court hearing the merits of the case.

The case may be found at Citigroup Global Markets v. Bumbu, 16 Fla. L. Weekly Supp. 737a (Fourth Judicial Circuit, Clay County, June 2, 2009) and Mr. Hagen may be contacted at (954)987-0515 or via electronic mail at KHagen@HagenLawFirm.com.

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