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Florida Foreclosure timeline

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  • #31
    Originally posted by cory1848 View Post
    Still don't think I received anything. I found out about the Assignment of mortgage filing from the county records site, check it everyday. That was filed 3/17 and I do not see a LP listed yet.
    Our assignment of mortgage was dated 1/29/2010. Lis Pendens 2/2/2010 was filed ....Notice of Default filed 3/16/2010. Our notice of default was hand delivered by a processor on 3/22/2010. I believe that a NOD has to either be hand delivered or certified mail. I don't think they can put it in the regular mail. We are in NJ btw. So you might be close to getting it or you might not. There is no rhyme or reason to this madness ~ Best of luck to you.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    Contacted Lawyer October 2009~Filled out Chapter 7 Petition January 2010 ~Credit Counseling Jan 2010
    Have yet to file Chapter 7

    Comment


    • #32
      Originally posted by Coldplay View Post
      Our assignment of mortgage was dated 1/29/2010. Lis Pendens 2/2/2010 was filed ....Notice of Default filed 3/16/2010. Our notice of default was hand delivered by a processor on 3/22/2010. I believe that a NOD has to either be hand delivered or certified mail. I don't think they can put it in the regular mail. We are in NJ btw. So you might be close to getting it or you might not. There is no rhyme or reason to this madness ~ Best of luck to you.
      Thanks, looks like it happened quick for you.

      Comment


      • #33
        Just notice the Lis Pendens filed yesterday. Assume it will be arriving here very soon. Now to figure out my timeline and whether or not I want to try and delay it. Still hoping for 6 months here, that possible?

        Comment


        • #34
          For Florida, stretching it out 6 months is possible, just because of the volume of cases. Do you plan to file a "responsive" answer? I don't know how long you want to stay, but there are lawfirms that will respond for you and look at the documents.

          The documents must be in the initial pleading (like the mortgage, note and assignments and affidavits). They can drag it out if that's what you want.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #35
            Originally posted by justbroke View Post
            For Florida, stretching it out 6 months is possible, just because of the volume of cases. Do you plan to file a "responsive" answer? I don't know how long you want to stay, but there are lawfirms that will respond for you and look at the documents.

            The documents must be in the initial pleading (like the mortgage, note and assignments and affidavits). They can drag it out if that's what you want.
            Yea, looking to drag it out as long as possible to live rent free and save up. Any recommendations on firms?

            If I dont do anything and dont respond, how long you think I would have?

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            • #36
              Originally posted by cory1848 View Post
              Yea, looking to drag it out as long as possible to live rent free and save up. Any recommendations on firms?
              No, I haven't used any, but the base rate is about $1,500 to answer and appear.

              Originally posted by cory1848 View Post
              If I dont do anything and dont respond, how long you think I would have?
              It depends. If you don't respond, they'll eventually file a motion for summary judgment (MSJ). Then that would be scheduled some 30 days later. They usually don't even show up at the MSJ hearing so the case just sits idle until they are ready to move.

              So, from time serve until MSJ is at least 50 days (20 to answer + 30 for hearing on MSJ)... if the lender's attorney is on top of things. Reality is that it would probably be 4 months before the hearing on the MSJ is scheduled. You could delay things by filing a "responsive" answer to the complaint (lis pendens).
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #37
                Originally posted by justbroke View Post
                No, I haven't used any, but the base rate is about $1,500 to answer and appear.

                It depends. If you don't respond, they'll eventually file a motion for summary judgment (MSJ). Then that would be scheduled some 30 days later. They usually don't even show up at the MSJ hearing so the case just sits idle until they are ready to move.

                So, from time serve until MSJ is at least 50 days (20 to answer + 30 for hearing on MSJ)... if the lender's attorney is on top of things. Reality is that it would probably be 4 months before the hearing on the MSJ is scheduled. You could delay things by filing a "responsive" answer to the complaint (lis pendens).
                Good info, thanks. I guess I have to wait until I actually receive the lis pendens to see whats included. Do they have a hearing date listed on the lis pendens?

                Comment


                • #38
                  Originally posted by cory1848 View Post
                  Good info, thanks. I guess I have to wait until I actually receive the lis pendens to see whats included. Do they have a hearing date listed on the lis pendens?
                  It's on the "complaint". The lis pendens is just a "recordable document" which puts other lienholders and parties in interest, that a lawsuit it pending. Along with the list pendens you'll get the formal complaint.

                  You have 20 days to return a "responsive" answer from the date it is served on you. You can probably go to the Clerk of the Court to look up the complaint using your name. Just search the civil records.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #39
                    Been checking through the county civil records for cases dates April 2009 to try and get a better timeline of events and what I am seeing is roughly 8-12 months until sale. Seen quite a few cancelled sale dates and quite a few cancelled hearing dates pushing things back. Most of those have been uncontested with which a MSJ was issued. 6 months is my goal so I think that is very doable. Still may consider filing an answer just to slow things down a bit as well. Would be trying that Pro Se so not even sure if it will make a difference. Just waiting for those papers....

                    Comment


                    • #40
                      Originally posted by florida View Post
                      Where did the people go????
                      That was the problem, there never were any "people". Investors were buying 5-10 homes each hoping to flip them once they were built. Those actions created an outrageous amount of supply for housing that was never actually demanded.

                      Comment


                      • #41
                        Originally posted by Ugh07 View Post
                        That was the problem, there never were any "people". Investors were buying 5-10 homes each hoping to flip them once they were built. Those actions created an outrageous amount of supply for housing that was never actually demanded.
                        Also the amount of unfinished subdivisions that are just sitting there with one model home built. I have three up the street from my house. All fenced in, gated, room for 150 homes with 2 finished. So two families have a really big backyards right now. Sign says starting $130s, where 3 years ago they said, starting $320s.

                        Comment


                        • #42
                          Ok I just got served with the papers, have 20 days to file a response. My file it just to delays things. It doesnt really tell me much, says the note is store at local county public records book and it gives me an address. So not so sure a Produce the Note defense will hold much water. However, one thing that sticks out is that they said they mail notices of pending foreclosure to me, (NOD) and I have not received anything in that regard. Not sure if in Florida a NOD has to be mailed prior to LP? There are 16 parts I need to answer. 6 of those are just people that may have an interest. The rest are just basic "We have done this" clauses. Guess I was expecting more...

                          So going back to timeline... I have 20 days to answer (business days? or full days including weekends?) Puts me at end of April. If I do nothing, Default gets entered. Would there still be a hearing? Looking for that possible hearing date.

                          If I file answers, stall until end of 20 days, then hearing date gets scheduled. I am guessing 30-60 days for that, then if lose, sale date gets entered?

                          If I file answers to get that hearing date, but then later decide I dont want to bother, do I have to cancel it? or just not show up and get a default judgement?

                          Again purpose of this is just to stall. Not looking to keep the house but do need some time to prepare.

                          Thanks

                          Comment


                          • #43
                            I'm in Plant City. We stopped paying in June, got our Lis Pendens in September and Chase still hasn't taken the house.
                            Filed Ch. 13 w/lien strip- 2/5/09
                            Converted to Ch. 7- 2/26/09
                            341- 4/8/09
                            Trustee's Report of No Distribution filed-4/14/09 ; DISCHARGED and CLOSED!!!-6/10/09

                            Comment


                            • #44
                              I'm in Plant City. We stopped paying in June, got our Lis Pendens in September and Chase still hasn't taken the house.
                              Filed Ch. 13 w/lien strip- 2/5/09
                              Converted to Ch. 7- 2/26/09
                              341- 4/8/09
                              Trustee's Report of No Distribution filed-4/14/09 ; DISCHARGED and CLOSED!!!-6/10/09

                              Comment


                              • #45
                                I hired a lawyer to deal with it. $1500. Cash hurts but if it buys me another 2 months in the house, its worth it. He filed a motion to dismiss based on the plaintiff being a security interest and not having the right to foreclose. We will see how that plays out. Its a stall tactic but seems to work against the foreclosure mills.

                                Comment

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