PLEASE I NEED HELP ! I'm speedballs friend and neighbor,
This is the only form that could be found to ask for a Motion to : that I could find at the Manatee County Law Library. I need to file a Motion To Produce but I don't know how to word it on this form. SEE ATTACHMENTS, scan 0001 and 0002,. scan 0002 is the part I don't know how to word.
I'm trying to file a Motion To Produce Mortgage note. To save time say for me to file for X(Bank) to produce for M (me). I don't know how to word it. Can anyone help me so I can get this filed? I'm running out of time but don't know how to word it or if this form they gave me is the proper form. Thank you for your time and considersation on this matter.
I asked on Yahoo Ask.com and got only one answer... If you took as much time caring about making your payments as you do trying to get out of them, etc... Don't know where that came from on a simple how do you word it question. Guess that expert was having a bad day but didn't make mine any better, for sure. Hopefully someone can help me here as I can't afford to pay an attorney to file this motion for me. Again thank you.

First off you need to explain yourself better as to where things are at? Here is the problem. If your looking for document production in a case and its ongoing you have the right to "discovery". You don't need a motion for discovery unless they don't actually preduce what is asked for.

Example. Your asking for documents to be produced by such and such date. You have to be reasonable. Then if they give you nothing you file a motion to "compell" document production. That has to be moved through the courts.

Hope that makes sense. So what is your situation?

Not sure if this helps you but here is a link for court info.

Ref:

Online Searches

Edit: Another quick link I found.

http://www.florida-court-forms.net/

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Originally Posted by speedball1

I'm trying to file a Motion To Produce Mortgage note. ... I don't know how to word it. Can anyone help me so I can get this filed? I'm running out of time but don't know how to word it or if this form they gave me is the proper form. ...

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The motion form you have there is very generic. It simply illustrates how to place the caption: the name of the court, the parties names, and the case number. You sign it, and be sure to include your mailing address and proof of service on the other party's attorney (certificate of service as it is called on your form).

Now, as to the way to word it: As califdadof3 has said, you normally don't need to file a motion to engage in discovery. Instead you send the other party's attorney a formal "request for production", "interrogatory", "request for admissions", or whatever.

I'm assuming you tried that without success, or perhaps you didn't ask in time. And I assume you are faced with a deadline, such as a hearing in a few days, for which you need the mortgage note. Is it a foreclosure hearing? Contact (call) the attorney for the bank and ask if the document can be produced in time. If he/she won't cooperate, make the point at the hearing and ask for a continuance.

[QUOTE=speedball1;2415758]Thank you for your response. Yes, this is a foreclosure. I tried to make my monthly payments for 5 months in a row and they returned my payments to me saying they could not cash my checks due to the wrong amount yet every check was the amount to the penny that was due even when they increased the payment the checks were of that amount. Now in Jan. (they filed Dec. 31, 2009) I was served with a Summons and I responded within the 20 days as required. As of yesterday June 29th, they have not replied to the court for a court date yet.
In my response to summons I filed back to court and sent to the Attorney of note.
I attached a letter to the Judge saying "This summons was not served on me, which it was not, it was dropped off with a neighbor to give to me! But I responded Every month I received a statement that my total payment due is $1411.35 and after this summons was dropped off with my neighbor on Jan. 15, 2010. To add insult to injury on Jan. 16, 2010 I received another statement that said my current amount due is $1411.35. I respectfully ask the court that at least dismiss this cause of action until the said Mortgage Note can be produced or set to be considered after a period of time to be set by the court for the plaintiff(s) to find said note and show proof of the obligation to the said Plaintiff(s).
Clearly there has been to me a miss handling of my funds by the Plaintiffs and perhaps not totally unreasonable to wonder if the plaintiff(s) do still hold my Mortgage Note since the Plaintiff(s) refused my payments and the mortgage note can not be produced or found."

In their summons paperwork they said they have looked for my mortgage note for over a year and a half (which would have been 6 months before any payments were late or refused). An attorney said that I should make a motion to produce the mortgage note before they request a court date but he wanted $1400 to do this one document for me and I don't have funds for that but said I should file it myself, there comes my problem. I don't know how to do this in court approved language and this was the only motion to form that they could find for me at the law library to fill out and file.

So there's my dilemma, How do I word it on this form so I can get it filed with the court and sent to them, the Attorney of note. Do they own my mortgage or did they sell it and that is why they kept refusing my payments but are asking for the court to re-establish the debt to them so they can foreclose on me So I'm trying to find out how to fill out this form so I can get it filed with the court. Do I simply say I'm requesting the court to request production of the mortgage note including of course the case no./names of parties and file sending the filing notification to the Attorney of note or how do I word this?
Thank you for your time and consideration on my behalf.

I removed your previous post with the attachment because it contains too much personal info. If you want to repost it black out the identifying info before you scan it.

Foreclosure hearings are more informal usually. I would just word your motion as follows:

Please provide me with documentation of my mortgage debt including the original promissory note.

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Originally Posted by speedball1

...
I attached a letter to the Judge
...
An attorney said that I should make a motion to produce the mortgage note ...
How do I word it on this form ...
Do i simply say I'm requesting the court to request production of the mortgage note ...

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Yes. The letter you sent to the judge is probably adequate. Something entitled a "motion" is better, because it tips off the opposing lawyer, and the judge (if they are slow) that you are asking for the court to do something specific. There is no "court-approved" language for something like this, and what you suggest, or what ScottGemm suggests would be fine. My only suggestion would be to say that you are asking the court to order production, not "request". So you might say "I move that the court order the plaintiff to ...". Technically, it is always best to

support a motion with

an affidavit (setting forth the relevant facts under oath;
a memorandum of law explaiing the pertinent statutes, rules, cases, etc.;

and to lodge an order granting the motion for the judge to sign

But again, I think the judge will probably understand what you want. That's the main thing.

When you have filed your motion, and given the plaintiff the requisite amount of time to respond, I suggest that you request a hearing. Sometimes judges fail to do anything in respect to motions unless a hearing is held.