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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99430
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My question deals with foreclosure defense. I live in Florida.

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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??
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 3 years ago.

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


For some reason, I never received your reply. I am sorry - must have been a site glitch. Can you please resend, yes?
Customer: replied 3 years 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?

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.

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Customer: replied 3 years 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?


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.