Legal Question in Real Estate Law in Florida

My wife and I have been dealing with Wells Fargo since last March 2009 for a HAMP agreement that would allow us to keep our house and pay for our mortgage. Wells Fargo has eluded any kind of agreement for months in spite of the legal help we've had not only from an attorney but from an agency associated with HUD. Wells Fargo is finally proceeding to foreclosure if by January 26 we do not pay some $17,000 in arrears they say we have. This is after two trial periods for a total of five months we paid in two consecutive agreements with Wells Fargo since last August (we paid in full our mortgage until June 2009). They say that after these two trial periods (which we paid on time as instructed by Wells Fargo) we do not qualify for HAMP and the only choice to avoid foreclosure would be to pay in full what we owe in arrears and to keep paying afterwards the full mortgage. Since we lost $2,125 dollars income since December 2008, we lost all our capital in a real estate fraud in Florida and we spent our last remaining dollars trying to maintain our payments with Wells Fargo until we could get to an agreement with them (and in lawyer fees), we could only possibly pay some $2,000-2,100 per month at the most our of our present mortgage payments of $3,224. Our questions are: what is our legal defense facing Wells Fargo's decision to foreclosure proceeds after January 26th? Do we have any legal defense to delay such an action? We are in a situation where we do not have thousands of dollars left to pay for additional attorney fees. Is there anything we can do by ourselves? Or, is there any lawyer that would facilitate payments on his/her fees until our situation resolves so as to delay the foreclosure action for a few months?

Silvia and Gerardo Martinez

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