It is not a matter of timing, it is a matter of the procedural posture of the case. What has been filed so far ? Have you been defaulted ?
You should consult a knowledgable foreclosure litigation to review what has gone on in the case and to evaluate what defenses can be raised and how to best raise them.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
You need to seek a knowledgeable foreclosure attorney to review your entire case from the beginning up to where it is now. You may have certain defenses available to you if there is evidence of robo-signing. As to seeking a dismissal, usually the only requirement that the bank provide in the complaint, is a copy of note and mortgage. If those were not included, then you may be able to seek a dismissal, but you need to seek a foreclosure attorney to assist you in this. I would not recommend trying to fight this matter on your own. If you are interested, please call our office at (888) ME-HELP-YOU to set up a free consultation.
This answer has been prepared for informational purposes only and does not constitute legal advice. The information is not provided in the course of an attorney-client relationship and it is recommended that you seek an attorney licensed in your jurisdiction.
It may be that you have some very good defenses to the foreclosure action. If that is the case, and the matter can be dismissed, you may also be able to take advantage of the five year statute of limitations which may preclude the bank from ever suing or collecting on the note and mortgage. However, this will require an in depth review of what has been filed already in the case. It is strongly recommended that you seek the advice of an attorney here. Your case was started at a time when the bank may not have actually held the note at the time they filed the action, but again, this will depend upon a full review of the court filings.
You can always ask the judge for a dismissal, provided youhave legal or factual defenses which warrant dismissal. You really do need to secure an experienced foreclosure defense attorney. You are no more qualified to slice your own chest open and try heart surgery. Litigation is not something for on the job training, even more so when your home is at risk. What will you say to the judge to ask for a foreclosure? What case law will you argue? What facts will you ague? Have you filed any pleadings in the suit? Candidly, you dont know what you dont know, so it would be unwise to try to defend yourself.
Please note that this answer is not intended as legal advice rather it is meant for informational and educational purposes. No attorney-client relationship is created or is intended to be created by this answer. The answer relates to only Florida law. The facts of each legal matter or issue are different and you are urged to contact a licensed attorney to discuss the specific facts of your case and legal issues.