How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

My question deals with foreclosure defense. I live in Florida.

Resolved Question:

My question deals with foreclosure defense. I live in Florida. My lawyer filed for an extension of time, and we were granted the extension on 3/19. My lawyer had 15 days to reply to the court and did not. He left the firm and moved out of state. We were never notified of this. The bank's lawyer jumped on it and filed a motion for judicial default on 4/17. A new lawyer at the firm took over the case and filed for another extension of time and a motion to dismiss on 4/23. The judge granted the plaintiff's motion, and signed off on the foreclosure on 5/13. The new lawyer told me not to worry , he could get it reversed. With a series of motions and a hearing. He did get it reversed. He then sent me a bill for $2000.00 for the cost of doing so!! Who's fault is this and what is my recourse? Why should pay for the first lawyers mistake? The new lawyer says it is the judges fault. That the court does not have the right to make a judgment while motions are pending. Who is right?? What is my recourse??
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please clarify:

What is your primary question exactly? Whether or not you should pay for the motion? Or have you already paid, but, are asking if the original attorney should/can be made to reimburse you?

Has the motion aiming to reverse the foreclosure been granted, or not yet?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.

I answered your information request already. This popped up again. Do I need to resend my answer?

Expert:  Ely replied 10 months ago.
Jay,

For some reason, I never received your reply. I am sorry - must have been a site glitch. Can you please resend, yes?
Customer: replied 10 months ago.

The motion to reverse the judgment has been granted. The bill came after. I have not paid it yet. The firms lawyer will not continue with the case until it is paid. I told him I should not have to pay $2000 for the firm's mistake. He claims the court had no right to make a judgment based on the fact that he had filed several motions that had not been addressed.(please refer to the dates on the original question) He claims that the court should not have granted the judgment while unresolved motions still exist. Is he right? If so,do I have any recourse against the court? If it is the lawyer/firm's fault, who is responsible, the firm or the first lawyer? What is my recourse there?

Expert:  Ely replied 10 months ago.
Thank you, friend.

The whole thing began with the original attorney missing the deadline to file the response. The attorney was part of the same firm that is now charging you for the time spent to correct their original mistake.

What someone in your situation may wish to do in regards XXXXX XXXXX matter is to tell them that this is not an ethical attorney fee, and to scrap it, or else you may wish to file a bar fee dispute. See here. The Bar would then mediate and likely rule in your favor. This may entice the firm and they may quit the case, but if you wish to do this, it is your decision and right, of course.

Unfortunately, you do not have any recourse against the Court. One cannot sue the judge unless the judge's behavior/ruling is exceptionally malicious or harmful. I am afraid on legal discretionary rulings such as these, they are not.

Ergo, one's best recourse is to threaten a bar fee dispute and hopefully, the firm will back down, and also hopefully, the attorney/client relationship will survive and they will continue on with the matter representing you.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Is the lawyer correct in saying that the court does not have the right to grant a judgment while pending motions are in place?

Expert:  Ely replied 10 months ago.
Jay,

Is the lawyer correct in saying that the court does not have the right to grant a judgment while pending motions are in place?

Yes. If there are pending motions, they are to be resolved first before a judgment is granted, normally.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.