Legal Question in Civil Litigation in Florida

I fell behind on my mortgage which caused the lender to send my account to an attorney. I reinstated the mortgage by paying all the fees (on July 13th) that the attorney required and the account was reinstated by the mortgage co. and the forclosure file was closed on July 15th.. The problem is that on July 22nd the attorney filed the civil action in the county court which was an expense of approx $1600.00 that was charged to me. I had paid these fees when I paid the reinstatement amount due. Do I have any recourse as the action was not filed untill after all monies were paid and the Mortgage company closed the foreclosure. Also in the letter recieved by the attorney it states "that upon the reciept of the funds the subject action will be dismissed". They recieved the funds on the 13th and yet filed the civil action on the 22nd.


Asked on 7/27/10, 1:16 pm

2 Answers from Attorneys
Lesly Longa Longa Law P.A.

Your proof of payment is your defense. You need to file a response with the court and contact the attorney for the lender. I hope this information is helpful. Consult with an attorney for further assistance. Regards,

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Answered on 7/28/10, 3:11 pm
Angelo Marino Angelo Marino Jr. PA

You probably have a claim against the bank and lawyer for violation of the consumer debt laws. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com. See www.FL-PI-Lawyer.com for your personal injury needs.

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Answered on 7/29/10, 7:50 am


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