Timing of Filing and Being Sued--FEAR

[debtmonster]

debtmonster,

The motion for default is simply a request for the Judge to expedite the foreclosure proceedings because you have admitted no defense.

The Judge still has to grant the motion for default and then you have a minimum of 30 days before the home could possibly be sold and then, I believe, 10 days before you have to be out.

So you are looking at a minimum of 40 days AFTER the Judge grants the motion.

No rush on your part.

Thanks for the reply.

Well... we have boxes and our living room is all full of stuff packed. I just don't have $$$ for a moving truck right now. With $29 in my checking account as of today, I can't even afford to open up the storage place yet which is 350 miles from here.

The moving truck will be about $500 for a one-way deal.

Storage will run about $260/mo. for a 10x20 storage place. It makes me so mad because my friend is renting the same size place near Atlanta and he's only paying $90/mo. for the same space! Why is Miami ripping everyone off? Atlanta and Miami are both big cities and prices should be similar.

[poorold]

debtmonster,

The motion for default is simply a request for the Judge to expedite the foreclosure proceedings because you have admitted no defense.

The Judge still has to grant the motion for default and then you have a minimum of 30 days before the home could possibly be sold and then, I believe, 10 days before you have to be out.

So you are looking at a minimum of 40 days AFTER the Judge grants the motion.

No rush on your part.

[poorold]

american express

Thanks to this board, I've checked my local county court's website for filings and saw citimortgage file my foreclosure and knew the process server was on the way.

On March 5, American Express filed against me. I had not made a payment since last May, so it took about 8 months. I owe them $45K. I searched Amex on the court website and they are filing an average of about one suit a day here in Brevard County, Florida.

I've never spoken to any collection agency or law firm that has called my home. I only kept my home phone active so that the collectors would know they reached me.

It's been interesting to watch the process. They call and call and after a while, just stop calling. Probably because they never, ever, reached a live person. I never talked to them because I had nothing to say. I knew I was filing eventually and had no money to pay them.

Yes, they've called my parents and brother to "locate" me, but they just tell them to not call anymore. I briefed my family on what to expect and it has worked out okay.

Thanks to this site and one of my brothers (who owns a collection agency with his wife), I've been able to manage through this process and actually help others who are in financial difficulty and have no one to talk to about their situation.

The hardest part was the first couple of months coming to grips with what I had to do. It never is "easy", but it becomes manageable once you grasp the reins and take control and plan your bankruptcy and life afterwards (I don't quite have that part figured yet.)

[debtmonster]

after you are served you should see a filing in the court records under your name and the bank as the plaintiff. The filing will say "unlawful Detainer" . this is the start of the process, from what i know and how it was with my friend who got behind on his mortgage.

I did see, but it says "Motion for default".

They served me with a "Notice of Lis Pendens"

So the default should be next, right? Do they have to serve me or will it show up in the mail or will it just show up in the court records?

I am hoping we can have most of our stuff ready to move out by the end of this month.

It was so nice to live in the city. I could actually use public transportation down there or ride a bike if I absolutely had to. I could "get by" down there where we'd be moving, unlike where I am now. Nothing here is walking or biking distance and you have to go about 28 miles to reach the part where there are buses and what not. Like I've posted on other messages, I am WAY out in the sticks. There's nothing out here. If I want to go to a grocery store, Chili's, Wal-mart, Outback, the mall, Sam's Club, McDonalds, etc... it requires getting in the car and driving 28-33 miles.

In Miami where we'd be staying, there are stores and places to eat within 1 to 2 miles. Traffic is bad, but the convenience factor is excellent. If I had to go 4 months without a car, it wouldn't be fun, but it could actually be done and I could use those 4 months to save up cash money for something in Auto Trader.

[albacore44]

Thanks for your posts.

Yeah, I was served already and I think they had the hearing. I had to file a response. So I wrote a letter to the court telling them that I plan to file bankruptcy. I sent a copy to the court and to the mortgage company's attorney in writing.

after you are served you should see a filing in the court records under your name and the bank as the plaintiff. The filing will say "unlawful Detainer" . this is the start of the process, from what i know and how it was with my friend who got behind on his mortgage.

[debtmonster]

Thanks for your posts.

Yeah, I was served already and I think they had the hearing. I had to file a response. So I wrote a letter to the court telling them that I plan to file bankruptcy. I sent a copy to the court and to the mortgage company's attorney in writing.

[blankslate]

I found this:

120-360 days past due:

Once the Judgment has been entered the Mortgage Company will immediately file a request to sell the property at auction with the Court at a Sheriffs sale. This is where it gets tricky… depending on your state’s Foreclosure laws. In Texas they will sell the property the first Tuesday of the month following the Judgment being entered. In most other states, the Sale date will be approximately 30-90 days after the Judgment. This is where the home is sold to the highest bidder. Typically the home will be purchased back by the Mortgage Company during the Sheriffs sale unless there is a lot of equity in the home. In that case there may be a lot of people interested in purchasing it. Once the sale has taken place you will need to move out of the house. A Sheriff will serve you with an eviction notice. The timing of this will also depend on your State’s laws. This can be 1 day to 12 months after the sale. Some State’s offer what is called a redemption period after the sale. During this time you can purchase the property back from the highest bidder for a fee added to the purchase price.

[blankslate]

There should be a hearing date set for the Motion For Default Judgment. Not sure how it goes with foreclosure but for evictions once the writ of possession is issued you have two weeks to vacate. I believe the NOD is served by the Sheriff and taped to your door. At two weeks they come and make sure you are gone, if you're not they order you out and bolt it up.

I'm sorry to hear you are in this process but you are taking care of things. Once you get to your new destination you will just feel relieved that it is finally behind you. I went through something kind of similar with an eminent domain case and had nightmares for many months of Sheriffs marshals showing up to kick me out of the new apartment. It will be a year at the end of this month since that happened and I'm finally starting to breathe again. Good luck with the transition and hang in there. This too shall pass.

[debtmonster]

They are motioning for a default judgment against you. You've admitted with the letter that you have no intention of repaying since you are filing for bankruptcy.

So then I technically have not received my "NOD", right? Is that what all of that stuff in the court is about? The lawyer is motioning to get that done and that's when I get my letter saying notice of default?

We're packing our stuff now and getting ready to move. We went to Walmart last night and filled the SUV all up with boxes and I bought packing tape.

I wonder how long we have to actually live here after the NOD before the sheriff comes with the locks?

[sadandconfus]

chase threatened to sue me a few months earlier. I owed 12,000 and they wanted 6900 which i didnt have so then they wanted 672 a month for 6 months to get current, because all the fees put me over the limit. now i'm behind again one month but i'm going to file.

[blankslate]

I was served last month. I wrote a letter to the court and the attorney who served me telling them that I am filing bankruptcy. The court records now show "Motion for default".

So this has nothing to do with a judgment, right?

Any ideas on what I am to expect next?

They are motioning for a default judgment against you. You've admitted with the letter that you have no intention of repaying since you are filing for bankruptcy.

[Fresh]

Hi Debtmonster,

Maybe you should start a new thread.

[debtmonster]

My questions were never answered.

[Fresh]

Thanks.

Thanks to Everyone for replying. I do appreciate your insights and help.

My phone has been ringing, but I took the advice of someone to turn off the ringer and just look at the Caller ID. Great recommendation.

Sorry I could not check back sooner, but happy Easter to all who celebrate.

[debtmonster]

I was served last month. I wrote a letter to the court and the attorney who served me telling them that I am filing bankruptcy. The court records now show "Motion for default".

So this has nothing to do with a judgment, right?

Any ideas on what I am to expect next?