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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27566
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My expensive, nationally known, foreclosure Defense Lawyer

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My expensive, nationally known, foreclosure Defense Lawyer threw me to the wolves at the last minute.His premise was to lose in the local court and win at the appellate level. He didn't follow through, was not on my side, many gross negligences protecting his friend. The lying judge who was the only one to see the note and verify it as the original only to have it disappear AGAIN forever. Paid over $9000 within the year- wanted MORE- didn't oppose Summary Judgement- deadline to file appeal was May 10- said he overnited it day before- recorded in file May 17th. Didn't ask for stay of sale til late- relied on judge for emergency hearing- everyday for 2 weeks- said there was no time-nothing filed asking for Emergency hearing. Wed. Eve before memorial weekend ( sale was Tues after memorial Day) he told me I ask too many questions, I should find another attorney- and my only choice was to file bankruptcy ! Never mentioned that word in a year! Have rental house! Agreed- need another atty- told him- next day before weeks vacation for his firm, he didnt respond! too late to file bankruptcy- 15 minutes short- million dollar property was sold for $100! He threatened to cancel the appeal- I ran to file letter to the court- he is no longer working for me- he said he would withdrawal yesterday but why not immediately? No local atty will take this! Today is last day to file objection to the sale- don't know what to do - going crazy! Guy who wants property next door is a real estate atty from this lawyers hometown. Help my cat sanctuary- what to do? - how can I trust anyone now- do I need to go pro se? Scared for us- he had told me he would most likely win in appeals and I would have another year- have extensive garden & big granite stones to move if sale goes thru- already have stress& asthma issues over this- help
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern and have seen many cases like this over the years. You do have 10 days from the sale, to file an objection to the sale, which would stay the issuance of title. It is important to remember that the objection to the sale has to be related to the sale itself. Something with the procedure. Sale price alone, is not enough, since in cases like this, the plaintiff/lender obtained a credit, to use at the auction, for the judgment amount which they were awarded. As such, they will be up to the amount of their judgment. Knowing this, other buyers, do not bid about the $100 opening bid, unless they are going above the judgment which the lender has. If you file the objection to today, it will certainly delay the issue of title. The matter will then need to be argued before the Judge but you need to have a legal basis to support your motion, related to the sale, or else the Judge will have title issued. You would then have to vacate the sale and judgment, if you wanted to try and still save the home under Rule 1.540 (b) of the Florida Rules of Civil Procedure. It also seems very odd that the strategy of the attorney was to win on appeal, since the matter should have been litigated aggressively from the start and there is no way of knowing what the appeals court will do. If anything, the attorney may have only wanted to delay and stall the foreclosure, keeping you in the home, collecting their monthly fee.

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Customer: replied 4 years ago.
I guess I was wanting to know what to do and what my options are short term and long term. Some good reasons to vacate the sale- lawyer didn't ask for a hearing in time for stay of sale? Judge would not grant emergency hearing again- the plaintiffs attorney did not show up for the first "tentative" hearing, shouldn't the judge have granted stay pending appeal if other lawyer didn't show up- and I had the feeling it was all a ruse- was told by the Judges Assistant that we would know 5 minutes prior to the hearing weather he was coming or not? Did my lawyer need to file a written request for an Emergency Hearing?? I realize that I didn't go into enough detail with all the drama. Can you tell me, what to do about the appeal - something is due in just a couple days? Should I file a Pro Se statement first? Can I use Fraud in the court? I was mislead, misrepresented by the lawyer, feel violated worse than rape. I'm so upset- so traumatized! Because of lies ,greed and dishonesty, I am robbed of my life and future. Iwith NO NOTICE! I' ve asked this lawyer on several occasions if he felt I would lose it, please let me know, I have people who offered to BUY it! Never said a word! Can I report this guy? Sue him? Get my property back afterwards? If I got the money, can I buy it back now? God Praying for a miracle. I apologize for approaching you in this frame- I'm stunned beyond belief and honestly don't know if I can survive this. Can't breath at night or eat or sleep- how they issue Title if its clouded? Also there was a strip of land that was not recorded in the property description, that was an exchange a half century ago~ is there a certain form to oppose this? Can I ask for time to remove my stones, garden, cats? Can I ask for $ over& above selling price? Will I owe $? How can I protect myself from this lawyer? Worried about appeal court / and do you know of any successful reasons used to stop the sale? Again, Sorry!
If an appeal is going to be filed, a notice of appeal needs to be filed with the court. Then, you would need to proceed and file the appeal, so the court and plaintiff are on notice, that there are issues with the foreclosure, which could result in the judgment and sale being vacated. Moreover, you can file a motion to stay the issuance of title and also ask/base it upon your motion to vacate the final judgment, based upon what needs to be met, as stated within Rule 1.540(b). You have every legal right to file a complaint with the Florida Bar about this attorney, especially if he failed to properly represent your legal interest and his actions resulted in the foreclosure action. If you have the money now, you can always try and see if the lender will agree to vacate the sale and judgment if you are able to reinstate the full amount of the loan plus fees and costs. Since the certificate of sale was already issued, the right of redemption does not appear to be something you can exercise now under the statute, which I have provided below. The most important thing for you to do now, is try and stop the certificate of title from being issued, which would transfer the legal interest of your home, to the lender. In the event that your motions are denied, you will receive notice from the lender about when you need to vacate. You will have time to move and it is only if you fail to move after receiving notice, that they will proceed with eviction.

45.0315 Right of redemption.—At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of any subordinate interest may cure the mortgagor’s indebtedness and prevent a foreclosure sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure, or if no judgment, order, or decree of foreclosure has been rendered, by tendering the performance due under the security agreement, including any amounts due because of the exercise of a right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney’s fees of the creditor. Otherwise, there is no right of redemption.
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