Miami, FL asked in Foreclosure for Florida

Q: BOA(CountryWide) is motioning to reschedule a sales date. Can final judgement be dismissed if it was obtained illegally?

This case originated in 2008 and I'm pretty sure it was one of the "Robo Sign" cases

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Foreclosure Defense Lawyer
  • Deltona, FL
  • Licensed in Florida

A: You have to raise affirmative defenses when a case is filed, along with an answer to the complaint. You needed to hire an attorney then. If there has been a sale already set, that means to me that there is already a final judgment. You usually cannot go in and prove now that this was a robo sign case, it is too late for that, but there might be other things which can get the judgment set aside in order to do this. I just do not know enough about what has happened so far. Did you file a bankruptcy?

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