In FL, What options I have after my motion to dismiss the foreclosure complaint is denied after arguing only 1 out of 6 points?

Asked over 1 year ago - Miami, FL

I went to the hearing of my motion to dismiss with prejudice. After arguing the first point out of six, the judge denied the motion. I have been already 3 times before this judge and I have a strong feeling she is biased against Pro Se people. She has hurried me and has not allow me to express myself.

Attorney answers (3)

  1. Sergio Cabanas

    Pro

    Contributor Level 12

    4

    Lawyers agree

    1

    Answered . You can file a Motion for Rehearing or Reconsideration, to have the judge hear your motion again. However, it's already apparent that you may be better off with retaining an attorney who is knowedgeable in foreclosure defense. Unfortunately, there are some judges who pay more attention to attorneys than pro se individuals. Regardless of our opinion (as to whether this is right or wrong), the bottom line is that you may be better off hiring experienced, compentent counsel.

  2. Jeffrey Alan Klein

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . One option is for you to continue to represent yourself. You can save a few dollars by doing so, but you will likely continue to be disappointed by the results, and you will be facing a court-ordered sale sooner rather than later. Another option would be for you to retain experienced counsel who can buy you some time by serving discovery appropriate to your case while advising you as to your best course of action.

    In the vast majority of cases the best options are a short sale, modification, consent judgment with waiver of deficiency, or bankruptcy. A dismissal "with prejudice" is very rare these days and, even if granted, will not preclude your lender from filing a subsequent foreclosure action for another (later) default.

  3. Margery Ellen Golant

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I see pro se people in court all the time. Unfortunately they don't seem to realize that without a knowledgeable attorney they are doomed. It is not specifically because they are pro se, it is because as a pro se, they cannot possibly know enough to present their issues properly, or even at the correct time relative to what else is at issue in the case.

    Making matters even more difficult, the issues that even have a chance of getting traction in court in an Action of Foreclosure are not the sorts of things most no -attorneys, or even most attorneys, would raise. Serious foreclosure defense is extremely complex and difficult.

    While most people who are now foreclosure defendants got there due to economic hardship, the simple fact is that not having money is not a defense to foreclosure, neither is needing time to apply for a modification or to do a short sale. Some pro se people file things they copied from the Internet, that often is legally or factually inappropriate or sometimes just plain wrong. I am not suggesting that any of that applies to you, but on the other hand, it is extremely unlikely that a judge will pay much attention to a pro se given the high likelihood that the pro se will be off point.

    In addition to the fact that people study for many years to become attorneys, real understanding of how to defend against foreclosure is rare, even among attorneys. We have quite a few clients who are themselves attorneys, yet have come to us for help because they understand this, and realize that in order to have a chance against the "big guys" they need really qualified people to help them.

    Doing this properly is very difficult and detailed work. It is a very specialized area of law which most attorneys do not fully understand, and there are few if any consumers who would be able to put together any sort of viable defense. I am puzzled at why any non‐attorney would think he or she could successfully handle a litigated matter without an attorney highly qualified in the area of law in question. This is comparable to doing delicate surgery yourself or a loved one if you are not a surgeon.

    The law is very complex, litigation rules and procedures are very complex, the strategic considerations are very complex, and the area of foreclosure litigation is something even most attorneys know nothing about as explained above, and is constantly changing. Every case is different, what might be possible in this situation would depend on the exact details and legal issues in your case. Only a really qualified foreclosure defense will know how to even figure out what those are. An attorney who really understands how this works needs to hear all the details. In addition, many judges in Florida these days have an anti-Defendant attitude in foreclosure cases, making matters even more difficult. They are overwhelmed by the volume, and often completely fail to understand the legal issues since, as I indicated, few attorneys understand them, and judges were all attorneys.

    Some people hold off contacting an knowledgeable litigation attorney because they think the cannot afford to be represented, but in truth, if you are seriously interested in trying to resolve the problem without losing your home and / or without facing a huge deficiency judgment, you can't afford not to. We try very hard to make financial arrangements with potential clients that put serious, aggressive, state of the art defense techniques within reach of people who have been beat up and abused by the financial services industry.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more

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