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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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Mortgage foreclosure was filed in Fla November 2008 by the

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Foreclosure was filed in Fla November 2008 by the First lender. sloppy work by them ... since they did not list and did not serve the second mortgage / junior lien. The First mortgage is barreling ahead at full steam and may win a final judgement this month (Sept 2013). here is my question. AFter the first lender gets a FLA Final judgement ... then ... then IF I tell them / or they find out / about their sloppy work that they never filled to wipe out the jr. lien / second line ... can they AFTER the final judgement in their (1st lender) favor ... but before the sale Date .... can they in that in between time ... withdrawal / cancel the sale and some how start over the full process of foreclosure and then they can file against me (homeowner) again and then then can list the 2nd mortgage in the new complaint. Can they (lender) stop the sale after a final judgement (in lender's favor) and re-file a new case ?

Hi Randy: If this were in IN I would be more certain, about what the first would do. My opinion (subject to review by a FL specialist)is that if they discover the second before the sale, they'll remove the sale, move to vacate the judgment and amend their complaint to add the second as a defendant. Then they'll move for a new judgment after the time for the second to reply has passed. They won't have to start from scratch as far as you are concerned. Nevertheless, if you are trying to buy more time, this should be good for at least 60 to 90 days before they can get to another sale. If the mistake isn't known until after the sale, and the first is the only bidder, they can probably still vacate the sale as well as the judgment etc. in order to make the correction. I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Just Answer. We appreciate your business.
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