Motion to Vacate Judgment, Florida
Asked Dec 26, 2009, 08:37 AM
I am in foreclosure, and have a summary judgement against me, the lender did not have the original note and mortgage when the suite was filed, and re-established the note and mortgage 6 months into the case, they filed suite and I answered w/ a response to validate and prove the debt, they sent me on the lawyers letterhead a summary of the debt, this case has been going on for close to 1 1/2 years the sale date has been delayed several times by the lenders atty and by me as well, I filed BK and the lenders atty requested a new sale date and the judge approved it, the bk had not been dismissed yet. I then hired an atty who made a notice of appearance and requested mediation and to stay the judgement, to which the lenders atty requested another sale date and the judge approved it, so the lenders atty did not notice my atty. My questions would be... can't this be dismissed or appealed because the lenders atty has not followed the proper proceedures, no note when the original case was filed no notice to the proper atty and a blatent disreguard for the BK? What should I be asking my atty for? I don't think this case should be allowed to continue because of the lenders atty doing all the wrong things...