I am going through a foreclosure in Miami Dade with countrywide financial. On 10/20 they filed a motion for DEFAULT and a Motion for SUMMARY judgment. On 11/17 there was a notice for hearing made 12/03 on the same day there was another motion for hearing made for 1/06. I had no Idea any of this was going on Apparently a shyster lawyer signed himself up as my lawyer after 1 meeting. He thought it was fair to charge me half of what I would normally pay in mortgage payments to him every month and he promised he could keep this tied up in courts for years. I said I would think about it and RAN!! Out of there. He has recently started harassing me by phone and internet for owed money. He recently called screaming that I needed to come down to his office and sign a WITHDRAWAL of attorney. I ignored all his calls but now I'm realizing that he was receiving all my correspondence and I had no idea about any of these motions or court dates. WHAT CAN I DO NOW? PLEASE HELP!

You can file charges with the local bar association against this lawyer. You can then file a motion with the court to vacate on the grounds that you were never informed of the hearings.

There is another NOTICE OF HEARING done on 11/17 for a MOTIONS 01/06/2010. I plan on making it to this one. What can I expect. I prepared a motion to vacate judgment.

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CIVIL ACTION
COUNTRYWIDE HOME LOANS SERVICING, LP. Plaintiff,

vs.

ALEJANDRO DEL RIVERO ,

Defendant.

No. 13-2009-CA-033045
DIVISION: 03
MOTION AND DECLARATION TO VACATE JUDGMENT
NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendant's Motion to Dismiss and Motion for Sanction for the following reasons:
1. Relief requested. The defendant(s) move(s) the court for an order vacating the judgment entered in this action and staying enforcement of the writ of restitution until the motion can be heard.
2. Statement of facts and issues. This motion is based on the following grounds: The law firm of Green Khan Piotekowski, Bruce Hornstein, ESQ where never retained as law counsel. Mr. Hornstein took it upon himself to file himself as my representation even though no such agreement was signed nor monies paid. Mr. Hornstein has been making harassing phone calls and emails demanding payment and lately demanding I sign a withdrawal of Attorney. I have not received any notices. I beg this court for more time to find adequate counsel. I have no intention on defaulting on my mortgage. I have recently started working again after 1 year of being laid off and I am trying to put a new mortgage program together.

Dated: 12/30/09
______________________________
Defendant(s) (Signature)
Defendant(s) Name (Print)
Address Telephone Number

Does this look right and should I file it right away?