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I was sued for foreclosure back in March ,2012 ...

Fort Lauderdale, FL |

After evading the process server I was served in August, 2012 and I answered the complaint within 20 days. My problems is that it has been almost 5 months since that time and I have not received anything from the Court or the attorneys for the plaintiff since the original service. I have not received an answer from the plaintiff's attorneys nor any orders from the Court ( 17th Circuit in Broward County,Florida). I did not miss any dates I am aware of and have continuously lived at the service address and receive mail everyday. Is there a statute of limitations or court procedure requiring answer by the plaintiff's attorney to provide an answer to my original answer/affirmative defenses by certain timeframe? Is there some way of checking with the Court as to the all filings on this case?

thank you all for your responses... I was contemplating a supplemental answer to my first but what I hear is any activity filed may alert the opposing side and promote their action? What defenses would illicit a finding of "with prejudice"? I was going to go after the pretender lender with the fact that the servicing company assigned the mortgage to the plaintiff months after the suit the foreclosure suit was filed???

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Attorney answers 3

Best Answer
Posted

If there is no activity in your case for a period of 11 months, the Clerk of Court will automatically generate a notice of hearing for the lender's failure to prosecute. Of course, a copy will be sent to the lender's attorney and, if nothing had been filed up to that time, some pleading will almost assuredly be filed. Even something trivial such as a notice of dropping the unknown tenant can serve as record activity and keep the case active. Should the case be dismissed for failure to prosecute, it would be dismissed without prejudice and the lender could refile. Due to the backlog of foreclosure cases and disorganization of some of the larger firms that represent lenders, this 5 month delay does not surprise me one iota.

Will Murphy

Will Murphy

Posted

I think the recent jurisprudence on this requires that the record activity be something that advances the case toward resolution. http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/5ed402c7659b76df85256c2c004fa3bf/ba9d14eb6a60a1e585257217006e617b?OpenDocument Here is the rule: http://phonl.com/fl_law/rules/frcp/frcp1420.htm

Jared Michael Graw

Jared Michael Graw

Posted

Will, that is certainly interesting. I had a judge who shall remain unnamed rule in favor of a lender that dropping the unknown tenant constituted record activity. Thanks for the links!

Posted

You can actually find you case online through the Broward county clerk.
Please retain a consumer debt/ foreclosure defense lawyer.
Use the AVVO find a lawyer tab.

Posted

Unfortunately, the Broward Clerk provides very little information on line without a fee. You can pay the fee or go to the courthouse to review the file. The clerk there can print out the docket for you for a nominal fee and you can also review the file itself.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.