For purposes of this answer, I am assuming that your proposed home purchase in Florida will be in your name only and that you intend to make the Florida property your primary residence. I will also assume that your children are not minors and that your Florida will names your adult children as beneficiaries to receive the homestead property.
In Florida, if you are the sole owner of a home that is your homestead, upon your death, your spouse will have a life estate in the property - meaning...
I agree with Attorney Polani - in your case, if the acceleration of the debt occurred with the filing of the first complaint in April 2008, the 5 year statute of limitations would not have run by the filing of the second complaint in September 2012. However, if you are successful in having the second action dismissed without leave for the Plaintiff to file an amended complaint, a defense to any third action that is filed would be that the claim would be barred by the SOL. It sounds like you...
Not only are you permitted to do so, the Florida Rules of Civil Procedure require you to submit affidavits in opposition to the lender's Motion for Summary Judgment at least 5 days prior to the hearing if served by mail and or least 2 days prior to the hearing if delivered by personal delivery.
The rules of procedure require that the Plaintiff file something - anything - at least once every 12 months. If there is no record activity for a period of 10 months, the court could send the Plaintiff a notice indicating that it intends to dismiss the case unless a filing is made within 60 days.
Reading between the lines in your response, I think you filed for a Chapter 13 bankruptcy and retained your home. I think you did not make your payments under the Chapter 13 plan and your bankruptcy was dismissed.
When you filed for bankruptcy, your attorney probably filed a Suggestion of Bankruptcy in your foreclosure. Until someone files a notice of the dismissal of the bankruptcy in your foreclosure action, it is likely that nobody will do anything in the foreclosure.
The filing of the Motion for Summary Judgment should be an indication to you that the lender is getting ready to ask the court for a foreclosure judgment. The lender will need to schedule a hearing to have its motion heard by a judge or magistrate.
If you have not already consulted with a lawyer experienced in foreclosure defense, I urge you to do so immediately. It is not too late to get help, but the longer you wait, the less an experienced attorney can do to help you.
It's a little late to be asking the question. If you had been more proactive and had addressed the situation sooner, you may have been able to complete a short sale or deed in lieu with a waiver of deficiency. However, with only a few months to go before the foreclosure sale, you have left yourself very little time. To avoid a deficiency, you need to sell the property immediately. With a sales contract in hand, you may be able to get the lender to agree to reschedule the foreclosure sale...
Believe it or not, this happens all the time in mortgage foreclosure cases. That is part of the reason why foreclosures are such a mess in Florida.
Your question does not specify whether the action is pending or has concluded. If the action is pending, you have a defense for lack of standing and capacity to sue. These are good defenses - you should consult with an attorney experienced in foreclosure defense in your area to properly preserve them in your case.
In order for you to have the bank waive any amounts from its payoff, you are going to need to apply for a short sale. That can be a long process.
The taxes are typically paid on an annual basis by the servicer, even if you have not been making your monthly payments to the lender. If they have not been paying them and the foreclosure is completed with the lender owning the property after the foreclosure sale, the bank will need to pay them before they sell the unit. Condo fees are capped...
If you intend to reinstate your mortgage, do not pay the lender any money until you have received a written reinstatement figure. Do not trust what the lender or servicer is verbally telling you. If you make only a partial payment, they will likely accept your money and continue with the foreclosure.
I stronly caution you not to go about this process without the assistance of an attorney experienced in foreclosure law who practices in your area. Good luck.