Some 23 months ago, I received a notice of a hearing from the court advising that I have to assist at a case management meeting to resolve a foreclosure case in Florida that was on the docket for more than a year.
I went to court that day as requested by the judge, however the plaintiff (lender) did not call or present himself at this meeting. The case was dismissed as a "Final dismissal without prejudice". I have my original dismissal documents in hand.
Now here is what I am confused about. I know they have 60 days to appeal, and 12 months to correct if there is a court error, but it has been 23 months and now the lender enters a motion to reinstate the foreclosure action due to court error? What they are implying is that we did not go to this meeting and they did go, which is not true. What did happen is that the attorney went to a different judge and room and asked the judge to give him some time to bring the cause of action documents, etc. The other judge wrote on the docket that the case remained open and gave him 60 days to comply or else the case will remain dismissed, but the judge never opened up the docket. It was never reopened; he just made a note. The attorney brought some documents, but it was 60 days later.
As of today, the case said case dismissed 23 months ago by the judge who sent me the notice. The plaintiff kept filing all kinds of papers including putting the home in an auction to sell, but a week before the auction started, the judicial assistant for the judge called the attorney and asked for the copy of the final judgment, but they did not have it and the judge refused to sign this summary judgment because the case was dismissed. The auction was cancelled by the county and the plaintiff filed a motion to reinstate the foreclosure and sent me a notice by mail. He is stating that the court made an error.
Are you kidding me? 23 months went by and he would go to court almost every week and filed papers on this case and he does not even file a pleading to reopen the case? He got really busy trying to steal my house without proof or standing, served my tenants on a dismissed case and sent papers to my house on a dismissed case. Really? What is the matter with these attorneys? Did they really got to school?
I only have a high school education, but I know how to read between the lines, and I know he cannot do that. Can someone share opinions on this matter? I will try to hire an attorney. I am just afraid they will reinstate this case. I do not care if they open another case since the statute of limitations just ran out last month.