Questions Regarding Litigation & Mediation
MLP Law & Mediation Has Your Answer
QCan I file a complaint with the Florida Bar for the attorney not treating me properly as opposing party? I am representing myself, but the opposing lawyer doesn’t respond to my emails or phone calls. I even sent him an email asking him if he was still representing my ex-husband due to his lack of response. I had to file contempt just due to this issue. He is obviously not treating me the same way he would treat an opposing lawyer. Isn’t that wrong? Is this an issue that can be taken up with the Florida Bar? Shouldn’t a lawyer treat me the same as another lawyer if I’m representing myself? Let me know what I can do.AManuel’s answer: As others have pointed out, you should document (record) your efforts to communicate as evidence if needed down the road to demonstrate non-responsiveness regarding discovery, motions requiring a response, hearing scheduling, etc.. However, nothing precludes you from filing a formal complaint with The Florida Bar (which takes professional civility very seriously) and your local Voluntary Bar Association. No attorney who is misbehaving wants to be drawn into the spotlight for it…
QWhat does “MSJH – CALLED BY ESCHED” mean? Today I checked the court dockets for an update and i see this: “03/11/2015 SPECSETS MSJH – CALLED BY ESCHED”AManuel’s answer: It probably means that a Special Set (SPECSETS) Motion for Summary Judgment (MSJ) Hearing was electronically scheduled (ESCHED). for that date. I also do not know if this relates to a foreclosure, but that is irrelevant to your question…
Q Can the judge compel my ex to sign loan modification documents to save my home from foreclosure post-divorce? My ex stopped paying the mortgage during our divorce and subsequently my mortgage lender initiated foreclosure proceedings. My divorce is now final and the divorce decree gives me exclusive use and possession of the marital home until my son turns 18. The bank has approved me for modification but my ex’s signature is required. If he will not sign the modification papers can I ask the courts to compel him to sign, or if he wont, at least have the decree modified so that he is also held responsible for default resulting because he would not sign the modification so that I can keep the home. It has not been a year yet since the divorce decree was signed. AManuel’s answer: I agree that the family law (divorce) judge is the best to address this issue. I am surprised that he did not grant you title under the circumstances you describe. Regardless, you can still file a Quit Claim Deed, if your ex-husband is amenable to it (it gets him off the hook for any property-related liability), and take full title for yourself (since it appears you do not seek financial support cooperation from him for this), allowing you to proceed alone with loan modification. Otherwise, if the foreclosure proceeds to trial and judgment, he and you both remain on the hook for any deficiency, etc. Talk to your divorce lawyer about this, as well as consulting with a foreclosure defense attorney.
Q Order Setting Trial: The Plaintiff filed an order setting trial in my foreclosure case. This order was incomplete. At a case management hearing the judge ordered Plaintiff to Comply with the discovery request in specificity within 30 days or he would dismiss the case. He also ordered Plaintiff to prepare this order and provide it to the court. 40 days later the Plaintiff filed the order but omitted the entire order merely stating the order setting trial and the date and time. Can I file an Objection to the Order and a Motion to Set aside the order as it is incomplete and provide the transcripts which show the judges entire order? The Plaintiff has still not complied with any discover after 40 days. I have already filed a Motion for Contempt and Sanction of Dismissal with the court because of Plaintiff’s breach. But now I need to address the incomplete order they provided the court. A
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