Legal Question in Real Estate Law in Florida

I am the defendant in a foreclosure deficiency lawsuit which has been going on for 4 years. Plaintiff filed suit within statute of limitations. My attorney did not present my defense adequately to the court as a result of which the court ordered mediation which I attended with my attorney. The mediation was unethically handled by the mediator to which my attorney did not respond. I signed a mediation agreement under duress from the mediator and without adequate representation by my attorney. It was not a mediation case but my attorney failed me. I fired my attorney via motion personally made to court. Court relieved my attorney. I now represent myself. I personally filed motion to court for a hearing requesting dismissal of mediation agreement and also in this motion presented my defense in some detail stating that plaintiff based their claim of deficiency on faulty appraisal of the property as of sale date and I provided accurate value of the property through presentation of public records and proved that no deficiency existed. At hearing in December 2015, Judge was accommodative and said there would have to be an evidentiary hearing on all the information presented by me in the motion. The Judge was also flexible on cancelling the mediation agreement but advised me to pay the mediation payments under protest which I have been doing. He also advised me to look for another attorney but I have been turned down by two attorneys so far because of the signed mediation agreement. Later in December 2015 I filed motion for dismissal of the lawsuit and mediation agreement based on defense and written evidence already provided in my two motions. Court has not responded and plaintiff has not filed any motions but has cashed my two payment checks paid under protest. What is my next legal move to nudge the court toward dismissal? I want to keep resenting myself. I would be willing to pay you extra to get a detailed answer to my question.

Asked on 1/22/16, 7:47 am

David Slater David P. Slater, Esq.

0 users found helpful

0 attorneys agreed

Until the mediation agreement is vacated you are at a standstill. Contact JA for a hearing date and advise you are proceeding pro se.

Answered on 1/22/16, 7:54 am

Keywords

Match Any Match All

Country

State

Area of Law