Legal Question in Real Estate Law in Florida
I had a house foreclose in St Lucie county Fl. in 2008 house was bought by mortgage company for $100 dollars. Now there trying to sue for a deficiency. The case was started on the phone in April 2009, I appeared by phone as I now live in Missouri. Well at the initial hearing the judge asked what the FMV was as of the sale date. The plaintiffs attorney didn't have any idea,so the judge gave them 20 days to provide the FMV. They sent me another court date for summary judgement,it was for a date in October,well past the 20 days. Then I again appeared by phone. The judge called the case and I was the only litigent present, the plaintiffs attorney wasn't present. I asked the judge to dismiss the case. He told me that it was appearantly cancelled, and said that they could refile later. I would like to get past this and need advise as how to do it. Thanks Ken
2 Answers from Attorneys
Call the lawyer and try to resolve it.
I disagree with Mr. Wagner. Before you call the mortgage company's lawyer, call your own Florida lawyer who handles foreclosure defense. Oftentimes, once a mortgage foreclosure deficiency case gets dismissed (and it sounds like that's what happened), it never gets refiled. Maybe the mortgage foreclosure lawyer doesn't want to refile, maybe he or she just doesn't get around to it, or maybe the file just plain gets lost. The statute of limitations may eventually expire, and you will never owe the deficiency. Calling the lawyer may alert him or her that he needs to refile. That would be bad for you, obviously, so I think you should speak with a Florida lawyer before you do anything. Calling the mortgage foreclosure lawyer would probably be the last thing I'd do if the deficiency case has been dismissed. Good luck, Ken!
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