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pkat1

Motion to Dismiss Hearing - What to Expect?

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I'm in Florida -
I am currently in foreclosure. Case was filed 8/2012. I did not request an extension of time and filed my answers and affirmative defenses (all 28 of them) within the 20 days. One defense was the non-resident cost bond issue.

At the end of December, I filed motion to dismiss for failure to post cost bond. End of January, they filed motion for extension of time to answer my answer/affirmative defenses.

End of April, they posted cost bond.

Neither of us had set a hearing for either motion. About a week ago, I received a notice of hearing on my motion to dismiss (not their motion for extension of time).

Since they (finally) posted the bond, should I still fight for the MTD, as the bond was posted almost 6 months past the date of filing the complaint? I'm also assuming that they will bring up their motion for extension of time. Should I fight this as well, since they have already had almost a year to answer?

I am really hoping to have it dismissed, as the 5 years since my last payment just passed, as well as the new law requiring the banks to jump through hoops to file a foreclosure complaint.

What should I expect to happen at the hearing? (not looking for the outcome, of course. Just want to know how the hearing is structured for something like this)

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@pkat1 I've read the cost bond statute previously for another poster and it states that they can post the bond up to the hearing of the MTD. As long as they've paid prior to the hearing and since your motion hasn't been heard, they are in the clear.

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From what I've read, supposedly they have 30 days from filing or from my notice that they didn't file.  I'm ok with the motion being denied.  I fully expect it.   They didn't mention their motion for extension of time in the hearing notice.  Is it likely that this will be piggybacked onto this hearing, or will they have to request a separate hearing for it?

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What was the deadline on their motion to extend the time?  If that time has expred, you should take whatever steps are outlined in your state's court rules.   

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