Your advice and experiences are welcomed...
My primary residence mortgage and HELOC are both with Wells Fargo, and they have started foreclosure. My Ch7 was discharged, without reaffirming the mortgage.
The home is a condo in Miami Beach.
Questions:
1) What is my timeline for how long it takes them to foreclose? When would I have to move out?
2) Does the process move faster or slower if I fight with a lawyer? I have heard that if they are unable to serve me, asnd if I do not fight, there are extra steps that take a longer time. So, is it better to fight or not fight?
3) While Foreclosure is in process, is it still possible to modify the mortgage with Wells? If so, what can I expect? Does me contacting them to discuss foreclosure create any problems? Like, does it replace me being formally served, since I am obviously aware that the process was filed?
4) Is there any chance that they can hold me liable for their attorney fees or other costs? Can foreclosure cost me anything besides my attorney fees if I get one?
5) Is short sale still an option once foreclosure begins?
6) I understand that in FL, if they cannot produce the Note, they can do an affadavit stating they have it. How long does that take?
7) Any recommended course of action, or options you suggest?
My timeline:
- Chapter 7 discharged in Feb 2012.
Neither mortgage nor HELOC were reaffirmed. Both included in Ch7 discharge.
- Jan, 2013 Lis Pendens filed. I never replied.
- Feb, 2013 Attempts to serve me, but they never found me. I have not been served.
- June, 2013 Notice of Action filed. I got a copy in the US mail, but I have not been served with anything formally. Will they try to serve me with this too?
thanks
My primary residence mortgage and HELOC are both with Wells Fargo, and they have started foreclosure. My Ch7 was discharged, without reaffirming the mortgage.
The home is a condo in Miami Beach.
Questions:
1) What is my timeline for how long it takes them to foreclose? When would I have to move out?
2) Does the process move faster or slower if I fight with a lawyer? I have heard that if they are unable to serve me, asnd if I do not fight, there are extra steps that take a longer time. So, is it better to fight or not fight?
3) While Foreclosure is in process, is it still possible to modify the mortgage with Wells? If so, what can I expect? Does me contacting them to discuss foreclosure create any problems? Like, does it replace me being formally served, since I am obviously aware that the process was filed?
4) Is there any chance that they can hold me liable for their attorney fees or other costs? Can foreclosure cost me anything besides my attorney fees if I get one?
5) Is short sale still an option once foreclosure begins?
6) I understand that in FL, if they cannot produce the Note, they can do an affadavit stating they have it. How long does that take?
7) Any recommended course of action, or options you suggest?
My timeline:
- Chapter 7 discharged in Feb 2012.
Neither mortgage nor HELOC were reaffirmed. Both included in Ch7 discharge.
- Jan, 2013 Lis Pendens filed. I never replied.
- Feb, 2013 Attempts to serve me, but they never found me. I have not been served.
- June, 2013 Notice of Action filed. I got a copy in the US mail, but I have not been served with anything formally. Will they try to serve me with this too?
thanks