New Port Richey, FL asked in Foreclosure for Florida

Q: I am a senior citizen holding a mortgage in Charlotte County, Florida. I could not afford a lawyer to foreclose.

I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and missing paperwork. My question is how do I get back to auction? Do I have to reopen the case in circuit civil, and if so how do I go about doing that? I have worked so hard on this and the courts will not give me any answers. Thanking you in advance...

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2 Lawyer Answers

A: The courts cannot give you legal advice -- that would be practicing law without a license, which is a felony. Without reviewing the docket, generally you can motion the court to reset the sale.

Sherri B. Simpson
Sherri B. Simpson
  • Foreclosure Defense Lawyer
  • Sunrise, FL
  • Licensed in Florida

A: I agree with Barbara and I am not sure what district you are in but generally, reopen the case, file the order dismissing the bankruptcy and request that a new sale date be scheduled. You can attach the order to your request for a new sale date.

Adam Ira Skolnik and Terrence H Thorgaard agree with this answer

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