foreclosure

FLORIDA. MY mortgage was financed by a private individual
my home is being foreclosed on 1/9/2001. The lender got summary judgement on 12/11. The amount of the judgement does not include $8000 I payed under a chapter 13 plan. meaning when they presented their claim, they did not show i made payment of 8,000 for one year. i received no notification that they were going to court.Can I appeal on the grounds that i do not owe so much money? i have paid my attorney to date $2800 i cant afford legal fees. i don't qualify for legal aid . i want to file aa an appellant in propria persona. i went to the clerk of the courts. they cant tell if i am late or what the procedure is. Can you?
am i too late to file an appeal? do I HAVE GROUNDS?
HOW CAN I GET A STAY FOR THE SALE ON 1/9/01? MY ATTORNEY DID A LOSY JOB.

[HomeGuru]

There is more to this issue than you posted. You have not stated the chronological events and the timing of such events. If you filed BK 13, there should have been a stay on the foreclosure action. And how could the lender get a summary judgement so fast. Did your attorney not file a counterclaim to the foreclosure action based on the fact that you do not owe the amount of money that the lender alleges?

Florida. Here is the sequence of events. I owed two month's mortgage.The lender started foreclosure proceedings. I filed 13. i paid for one year under 13 plan. i lost my job. 13 was dismissed. after i started working full time again i refiled 13. it was dismissed because the court felt this was an effort to frustrate lender.
lender restarted foreclosure proceedings. their suit was delayed because of failure to notify lien holder. they now have a new resale date.

summary

1. foreclosure proceedings started 9/98
2. chapter 13 filed 11/98
3. paid under plan 11/98-12-99
4. chapter 13 dismissed 4/00
5. foreclosure proceedings/ sale date scheduled
(no information from my attorney whom i paid $2000)
he got notification of all lender's activities in court)
6. learned of sale through advertising letters via mail.
please note when i lost my job i went to my attorney. he called lender's attorney apprised him of my situation and we requsted a renegotiation of note. he promised to speak to lender and get back to us.
7. lender got summary judgement and sale was scheduled 9/30.
8. i hired a new attorney, who saw they did not notify lienholder. their suit was delayed for 60 days.
8. i filed chapter 13 again.
9. chapter 13 was dismissed 11/28/00
10 lender got summary and final judgement 12/11
11. new sale date 1/9/01

i spoke to my attorney who told me we could go to circuit court to file suit to have court review judgement to reflect monies paid through 13.i cant afford anymore attorney fees. i am trying to find financing for my house or find somewhere to live.i cant do these simultaneously.
i don't think i was properly represented. i gave my attorney details i felt if these were presented to a judge he would be sympathetic. i can't imagine losing my home for only 2 months arrears. please note . i owed only one month mortgage when legal proceedings started. i missed july's payment. i received a letter that i need to pay july's mortgage plus late charges, attorney's fees plus interest
was now being calculated at the default rate of 18% rather than 12% the initial interest rate.
































[Edited by jojap2 on 01-01-2001 at 05:06 PM]

[HomeGuru]

Please repost in lower case.

home Guru
You did not respond to my question on foreclosure on 1/1/01.
Happy New Year.

[HomeGuru]

Originally posted by jojap2
home Guru
You did not respond to my question on foreclosure on 1/1/01.
Happy New Year.

HomeGuru response: that's because you posted in all caps.
It appears that there is much more to your story and you do not know what you are doing legally. Sorry, I can't help you.