Butler v. FIRST FAMILY MORTGAGE CORPORATION OF FLORIDA

Banke, Presiding Judge.

The appellee initiated a dispossessory action against the appellant in magistrate court, claiming to have acquired ownership of the property in question at a foreclosure sale. The appellant, acting pro se, filed an answer alleging that the foreclosure was a nullity because he had filed a Chapter 13 bankruptcy petition on the day before the foreclosure sale. The appellant failed, however, to include any reference to the alleged bankruptcy proceeding by case number or to provide any documentation indicating that such a proceeding was in fact pending.

The magistrate court…