What kind of lawyer do I need? A foreclosure lawyer? Even though its already been finalized.

Asked 7 months ago - Miami, FL

My name is Diana Davila i live in Miami FL. I had foreclosed on a property about 2 1/2 years ago and I just received a letter in the mail for MOTION FOR MONEY FINAL JUDGEMENT (DEFICIENCY). It was e-filed yesterday but i received the motion 2 Saturdays ago. The case number is 2010-CA-48449. I know they are trying to get me to pay the difference on what it was foreclosed for and court and attorney fees. But I don't have much money to fight this. What do you recommend I do?
Thank you

Attorney answers (5)

  1. Rex Edward Russo

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . I see from the docket that the plaintiff filed a Motion for Final Judgment. You should challenge their motion as untimely. A plaintiff in a foreclosure action has one year to go back into the same case to seek a deficiency judgment. They could still attempt to get a deficiency judgment, but they would have to file a new civil action. They have 5 years from the foreclosure sale date to file a new action seeking a deficiency. Your foreclosure sale was in 2011. If you can not afford an attorney, then act on your own. They may never file a new action, which requires a new filing fee, and additional costs for service. Most likely, it's a bottom feeder who paid pennies on the dollar for a big huge package of similar claims, so you might also be able to press them for proof of the actual final amount, which they often can not prove.

    The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many... more
  2. Roy A. Praver

    Contributor Level 13

    2

    Lawyers agree

    Answered . You might want to talk to a bankruptcy attorney to see if filing a Chapter 7 case would work for you. A Chapter 7 would relieve you of any liability on the deficiency.

    Many bankruptcy attorneys offer free consultations.

    Good luck.

  3. Marjorie Brunelli DeCastro-Hirsch

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Yes a lot of these banks are selling their final judgments for pennies on the dollar. If you were served with the paperwork two weeks ago, it means your 20 days time to file an answer is about to expire. You can hire an attorney to defend the action while attempting to negotiate the debt. You want to avoid the judgment being entered against you because it will stay on your records for 20 years, with the possibility of being renewed for another 20. This means they can at some point attempt to collect the amount either against your wages or any assets you may have. It is imperative you speak to an attorney immediately. Generally a flat monthly fee is charged for cases such as this.

  4. Dennis Michael Phillips

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Sometimes, if you're staring down the barrel of a judgment and you don't have the funds to fight it or pay it, the thing to do is talk to a bankruptcy lawyer.

    In my practice, I do both litigation work and financial/estate planning. More and more, I'm phasing out of the... more
  5. Margery Ellen Golant

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The potential ways to respond are either via bankruptcy (when applicable and otherwise appropriate) or by defense. We are hearing from many people now being pursued for defiency claims. All of them I am seeing have numerous defenses that we are raising. However, these are generally not obvious other than to people knowledgable about financial services law. Please see an attorney immediately, as the time to defend is very short.

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

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