how much time?

[junker]

i am still confused about the timeline for foreclosure in florida, i was given a figure of 120 days, then i checked various sites that now say anywhere between 3 and 6 months. and one site said 6 months was normal, can anyone that has had a foreclosure in florida tell me what to expect? i was two days over missing my second mortgage payment and the mortgage co sent me a breach letter (what they called it) and i mean two days past due date of the 1st of month, not even including normal grace period of 15 days.
saying i am in default already, is this normal, i thought they would at least wait till 3rd payment was late what can i expect next? .also am i in a catch 22 as far as trying to sell this place. if i file bk before foreclosure isnt trustee going to take the money if it sells, and if i wait and try and sell during foreclosure and by some storke of luck it sells,and then file bk he will want the money anyway if it sells.

[wingnut]

PLENTY of time...

Hey,

This site seems informative:

http://www.foreclosurelaw.org/Florida_Foreclosure_Law.htm

There is usually a minimum amount of time AFTER they have a foreclosure judgment against you. THEN they have the sale. It looks like after the sale there is a 10 day investigation period regarding the sale.

Also, both the courts and the banks are severely backed up right now. Not only do the mortgagors wait longer to file, but it usually takes longer to get the FC judgment. This is especially true if you dispute their foreclosure, which is usually an option in judicial FC states.

As far as when the bank might file, I've heard that they usually let at least 3 missed payments go by. Legally, I don't know the minimum, it might vary depending on states, contracts, etc. Personally, my mortgagors attorney didn't file until I missed my 5th payment!

So, however it pans out, it'll be a while. Since the system is extremely backed up, probably longer than usual.

BEST OF LUCK,

WINGNUT

[Westlane]

...im going on 1 year of no payments and 5 months after being served here in volusia county. I disputed the foreclosure and am waiting for them to respond to my affirmative objections. Who knows when that will be?? but I figure on another 6 months if/when they prove their case.
Of course, mine is a no-equity situation. Perhaps thats why they are not persuing this agressivly...but im not about to ask them!

[junker]

affirmative objections

i have been looking at the court dockets on foreclosures in my county, and all seem to be about 6 months EXCEPT the ones that filed some sort of affirmative defense or o bjection, some were done by lawyers, and they seemed to be going on about a year or so, what is a affirmative objection? and when do you file that, when you get the first notice to appear?

[Westlane]

"Affirmative defenses operate to limit or excuse or avoid a defendant's criminal culpability or civil liability, even if the factual allegations of plaintiff's claim are admitted or proven". http://en.wikipedia.org/wiki/Affirmative_defenses. <---- text from wikipedia.org.

generally you file affirmative defenses (objections) when you answer the summons. if you've already answered, you can check with the county clerk and find out what the time limits are for amending your answer. and i dont think you will be able to appear. generally foreclosures in florida are based on the documents that both sides submit to the court without the testimony of witnesses. i did see one case where the defendant motioned for a jury trial but i dont know if he got it. usually its the plaintiffs choice.