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Florida Foreclosure timeline

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  • #46
    Be careful, a motion to dismiss is sometimes not considered "responsive", but it should do the trick of keeping you in the place for a few more months.
    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


    • #47
      Originally posted by justbroke View Post
      Be careful, a motion to dismiss is sometimes not considered "responsive", but it should do the trick of keeping you in the place for a few more months.
      I actually brought that up to him when he was telling me about the process. He wasnt concerned with that, he mentioned that even if the motion was denied, then they still allow him to file an answer to the original complaint. Taking his word for it as I have no experience in this situation and thats what I am paying him to do... We will see. Not looking to save the place, just hold things up a bit.

      Comment


      • #48
        Understood! I think that foreclosure defense is best left to the pros. If I never needed to do it, I have already consulted with a firm that I like. I like their process. I don't want to be in Florida District Court trying to figure out "their" system.
        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


        • #49
          Originally posted by justbroke View Post
          Understood! I think that foreclosure defense is best left to the pros. If I never needed to do it, I have already consulted with a firm that I like. I like their process. I don't want to be in Florida District Court trying to figure out "their" system.
          Yea no kidding. I thought about doing the whole pro se thing but after researching it and seeing what was involved, much rather hire someone that knows what they are doing. At the minimum, it relieves the stress for me and thats the most important thing. My motion was filed end of April so looking to hear something back any day now...will follow up once I do.

          Comment


          • #50
            I am doing this up north (midwest) pro se and having OK results so far. Just got a 45 day extension at my first hearing and expect to file a motion shortly to try and buy some more time. Lot to learn I agree. It's helped me to go to court earlier and see how a lot of these FC cases are handled.

            Comment


            • #51
              [QUOTE=justbroke;401111]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.

              Hello Justbroke,

              If you included the house in a chapter 7 can you still file a "responsive answer"?

              Gunner01

              Comment


              • #52
                [QUOTE=gunner01;414946]
                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.

                Hello Justbroke,

                If you included the house in a chapter 7 can you still file a "responsive answer"?

                Gunner01
                The Short answer is Yes. It is a lawsuit so you should file an answer unless you plan on giving it up right away. Including the house in BK7 doesnt release your ownership of it.

                Comment


                • #53
                  [QUOTE=cory1848;414952]
                  Originally posted by gunner01 View Post

                  The Short answer is Yes. It is a lawsuit so you should file an answer unless you plan on giving it up right away. Including the house in BK7 doesnt release your ownership of it.


                  Hello Cory1848,

                  I released the automatic stay does this matter? The plan would be to stay in the house as long as possible.

                  Best Regards,

                  Gunner01

                  Comment


                  • #54
                    [QUOTE=gunner01;415699]
                    Originally posted by cory1848 View Post
                    [/COLOR]

                    Hello Cory1848,

                    I released the automatic stay does this matter? The plan would be to stay in the house as long as possible.

                    Best Regards,

                    Gunner01
                    No it doesnt matter. My mortgage company got the stay lifted a well. It just means they are pursuing collection of the collateral.

                    He is my timeline so far:
                    My last payment was Aug 09.
                    I filed BK7 end of Sept 09.
                    They lifted the stay end of December.
                    I discharged beginning of January.
                    April 07, 2010 they issued complaint
                    I hired attorney to fight it and motion to dismiss files April 25, 2010.

                    That is the last I heard of anything. So for now they are sitting on it and its up to them when they want to move things forward. Estimates of 8-12 months from the complaint date were giving. My plan is to be out end of year and to be financially secure enough to be out by then. Will stay until the end but anything beyond December is gravy for me. I dont think I will have any issues seeing that date.

                    Its a good feeling being ahead on your bills and being able to pay things off ahead of time. Although I am losing my house, in the long run I will be gaining so much more.

                    Comment


                    • #55
                      cory1848-

                      thank you for posting the details of your situation - it has been very helpful! i think i might still be fairly early in the process (4 months in arrears) but it's been great reading through other's experiences to get some idea of what to expect in the coming months.

                      one question for you: where do you find your records for hillsborough county? i have looked on hillsclerk.com in both official records and court records but don't see anything yet - just want to make sure i am looking in the right place.

                      thanks!

                      Comment


                      • #56
                        Originally posted by firedancer View Post
                        cory1848-

                        thank you for posting the details of your situation - it has been very helpful! i think i might still be fairly early in the process (4 months in arrears) but it's been great reading through other's experiences to get some idea of what to expect in the coming months.

                        one question for you: where do you find your records for hillsborough county? i have looked on hillsclerk.com in both official records and court records but don't see anything yet - just want to make sure i am looking in the right place.

                        thanks!
                        I am in polk county. Not sure on hillsborough. Would be under the civil records since its a civil case. Just keep searching, it should be there.

                        Comment


                        • #57
                          Just thought I would update this thread in case it helps people that are in a similar situation to mine. From my last post, The motion to dismiss was issued along with request for discovery. Discovery docs were supplied to my lawyer and the hearing date for the Motion was set at end of August. Right before the hearing, I believe my lawyer worked out a deal with the banks lawyer to cancel the hearing in place of allowing us to get 20 days to file the answer to the original complaint. We fully expected to lose the Motion to Dismiss hearing so this was a good tactic. That was granted and had another 20 days to stall. I had my lawyer file the answers with the court. Since then, I have not continued on with my lawyer as we are not wanting to fight it anymore. Nothing has happened since, no movement at all. We are waiting for the hearing to be set for the complaint being answered. I am guessing once that notice is issued, it has to be at least 20 days until the hearing which we wont attend. Plaintiff files MSJ at that time, has to be another 20 days for that hearing, then a sale date set.

                          The way things are going, I dont expect things to go quickly. Guessing I will have at least until January to move out following the minimum time frame. That would put us at 18 months rent free. Not much saved, but a lot of things paid off and the time allowed my wife to pursue a career change that is paying off nicely.

                          I will update once something moves again.

                          Comment


                          • #58
                            Thanks for the update, we are early in the game. Bf still hanging on to his job so cannot qualify for 7 yet, but stop paying mortgage
                            either way we cannot keep the house. More and more vacant houses on our street, Please keep us updated.
                            chpt 7 ,5-2009

                            Comment


                            • #59
                              Originally posted by Floridagail View Post
                              Thanks for the update, we are early in the game. Bf still hanging on to his job so cannot qualify for 7 yet, but stop paying mortgage
                              either way we cannot keep the house. More and more vacant houses on our street, Please keep us updated.
                              Are you way above the median limit to qualify? Both my wife and I had jobs and we qualified. The mortgage payment counts towards that amount.

                              Comment


                              • #60
                                Originally posted by cory1848 View Post
                                Are you way above the median limit to qualify? Both my wife and I had jobs and we qualified. The mortgage payment counts towards that amount.
                                If you surrender the home, then the United States Trustee (UST) will probably check your numbers. This is especially true for over-the-median income filers and being in the Middle District of Florida. While it helps on the Means Test, it doesn't help on Schedule J.

                                Would be nice to know cory, what you put on your Statement of Intentions for your home?
                                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

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