I agree with the other attorneys. It should have been raised as a defense. If no defense was offered, you could attempt to set aside the final judgment, but would have to show excusable neglect and a meritorious defense. That's if the property has not sold. This is why it's imperative that parties in jeopardy of losing their home need to seek legal help.
I agree; I don't practice FC defense, but I am pretty sure the requirement is NOT jurisdictional. The REAL question should be: why didn't your foreclosure defense attorney challenge this by motion or plead it as an affirmative defense?
Hope this helps.
gsg .
The lack of verification would not be of any use after a final judgment. However, there may be other things that can be done to attack the judgment, if the right facts are present and if done QUICKLY. Did you defend at all ? If not, why not ? Were you defaulted ? The kinds of issues that are best raised in defense are not at all what you would expect.
You need to consult a knowledgeable foreclosure defense litigation attorney IMMEDIATELY !!!
For the benefit of the asker, let me explain that a dismissal of the Complaint would not mean dismissal of the law suit. Plaintiff would have been given the opportunity to amend the Complaint and the case would have continued.
Jurisdiction is not an issue to consider--if the property was located, I am speculating Palm Beach County because you are in Jupiter, in Palm Beach County, then VENUE is proper in Palm Beach County. Subject matter jurisdiction would be in the Circuit Court if the amount claimed to be owed was over $15,000.00; otherwise it would be in the County Court.
The real issue is whether there was a defense to the claim, and as my colleagues have written, defenses not timely raised are waived.