Those with sw florida foreclosures

[Newstart10]

I am in Palm Beach County. I got the Motion for Summary Judgement filing from the banks lawyer in October 09. I filed BK in November and the bank was able to lift the stay in December. However, they have not done anything since and no foreclosure hearing has been scheduled yet. I wonder how long foreclosure hearings are taking to be scheduled these days? I hope I have at least another 4 months before the house is auctioned.

[Justpoor]

Gunner,

Not a real estate atty but a foreclosure atty. To fight the foreclosure. Not to sell the house. I will check out that site. thanks. It seem Wells Fargo is moving right on schedule though. Six mos without a payment and they are filing to foreclose.

[gunner01]

Hi Gunner,

You tell me why not to list it as a short sale. I was counting on the agent not showing it and it not selling and then after the bank decided it wasn't going to short sell they would then start the foreclosure. But ok, I decided not to do that just in case it does sell.

So why don't you think I should hire a foreclosure attorney?

Hello Justpoor,

If your appointment with the real estate attorney is free then I would tell you attend and ask the following questions.

What services do you offer for the fee of $1,000?
What other fees or additional billing hours might I expect in this process?

The only reason I say this is because you might be just paying for Attorney Leadhead. You mentioned you're unemployed which would allow you to spead more time on your own behalf; vs what an attorney is going to invest in your cause. No additonal money out of pocket for you!!

The banks have more foreclosures to process then they have employees to process them which will buy you time. Please visit this link, I think it will make you feel better.

http://www.msnbc.msn.com/id/34847676/ns/business-real_estate/

gunner01

[Justpoor]

Hi Gunner,

You tell me why not to list it as a short sale. I was counting on the agent not showing it and it not selling and then after the bank decided it wasn't going to short sell they would then start the foreclosure. But ok, I decided not to do that just in case it does sell.

So why don't you think I should hire a foreclosure attorney?

[gunner01]

Talked to atty today and he said I would have 6-8 mos. He didn't think short sale was a way to go because someone might buy it. He told me to hire a foreclosure atty once summonsed. He said this atty would cost me about a $1k but would give the bank a run for their money and buy some time. Whatcha think? He said I might have another few months before the summons.

Dear Justpoor,

I would not spend the money on a foreclosure atty for a few reasons... Listing the house as a Short Sale has no bearing on the fact that the bank is still not collecting a pymt. By listing the house as a Short Sale you have just saved the bank money because they do not have to pay the co-broke. When you sign a listing agreement you agreeing to be flexable and allowing the agent every opportunity to sell your house...what I mean is showing the house at anytime. Where does this buy you time? If you are in a neighborhood with chinese drywall you have already bought yourself time because most real estate agents make it their job to know the neighborhoods and builders with this problem. A lot of agents in the business do not even show short sales because they are a waste of time. Have you contacted your bank to see where you are at in the foreclosure process?

Best Regards,

Gunner01

[Justpoor]

Talked to atty today and he said I would have 6-8 mos. He didn't think short sale was a way to go because someone might buy it. He told me to hire a foreclosure atty once summonsed. He said this atty would cost me about a $1k but would give the bank a run for their money and buy some time. Whatcha think? He said I might have another few months before the summons.

[Justpoor]

Hi Deadman. I'm in Bradenton. I'm hoping no one buys it at a short sale. I'm not the best housekeeper anyway and have 4 dogs. The carpet is crap, the walls need painting and the roof leaks in the extra bedroom. It also tested inconclusive for chinese drywall and its in the subdivision with all the chinese drywall and built the same year. They said they would hold the foreclosure if I have it listed. Do you think this is the best route?

[DeadManCrawling]

Justpoor,

What area are you located in? Also FLA middle? Short sale can be helpful if you are trying to buy time, but sometimes banks foreclose WHILE you are listed as a short sale. This is less frequent nowadays, and many houses are just sitting. For years, in some cases.

I know of a few people, locally, who have been in foreclosure for 3 years or more now. We are at a year on our old house. Banks in Florida are in no hurry, for many reasons, some obvious, some not.

[Justpoor]

I stopped payment in June 09. Got the letter that it is sent to atty for foreclosure to start. I think I'm going to put it up for a short sale. I need to stretch this as long as I can because I am unemployed. I am so scared.

[beachymama]

I have a house that has not had a payment made since Nov 07, it has a 1st & 2nd on it, nothing except Lis Pendens filed on 1st in March 09.

The house I live in has not had a payment made since June 08, it has just a 1st mortgage and nothing except Lis Pendens filed in March 09.

Both houses have the same first mortgage holder and have turned me down for the HAMP loan modification programs.

Filed BK 7/09 and stays were lifted. I recently received a NOD on one of them notifying me of the delinquent amount due (the one without payment since 2007). Discharged 12/09, awaiting closing.

So I would not move out unless you have to move. Save $$ for it.

[DeadManCrawling]

An update on our foreclosure:

Nothing new to report, actually. We stopped paying a year ago, January 09, and the bank has not made a move toward foreclosure, other than the legally required acceleration notice and NOD in November.

No attempt to lift the stay in our BK case, either.

Wish they would get moving, but I suspect we are in for at least another year or so of waiting. We bought a new place a couple months ago, and are now living there, but still paying HOA fees. Taxes are due, but we are not paying them, of course. I wonder if the HOA would be stupid enough to try to foreclose if we stopped paying. Probably not. They would likely just rack up all sorts of extravagant legal fees and sue us. Not worth the hassle or money to risk finding out, I think.

Best,

-dmc

[FloridaGuy]

Actually...

I also received some paperwork when we filed, if surrendering your home you had a 60 day window to vacate the home. I think it was either 60 days after the 341. (Not sure if I still have it or not.) However our attorney said, stay as long as we could.

In our case in order to get on with our lives we left mar 31, '09 after filing in Oct. '08 & getting discharged in Jan. '09. (the last house payment was made July '08)

I JUST spoke to BOA, (our lender) and asked why the foreclosure has taken so long. Lis Pendens came in July '09... but nothing has happened since.

They thought because our BK case is still not closed (Due to trustee clerical stuff, etc.) they could not proceed with the foreclosure until they received some documents from the court. Not sure if that is actually the case... or just the courts are way backed up and very slow.

Anyway... I suggest staying as long as possible, if you are staying in that area and not relocating. No sense in spending mony for rent, etc. if not needed.

A friend just sent me pics of my old house... kinda depressing. Overgrown yard... pool heater, A/C system, and water system stolen. Horrible green and alge ridden pool/hot tub, etc. Luckily no one has actually broken in, or done any internal damage.

[StartingOver08]

The west palm beach (and treasure coast) is the district where I am and our lawyers had us sign something saying if we surrender our home in our ch.7, we had to be out within 2 months of file date...we were but I have not seen anyone else say something similar on here...sometimes I feel like we could have been sitting pretty rent free for all these months and this was a mistake, but we got a rental with no problem because we hadn't filed yet and our scores were still high. Anyone know anything about why the 2 month rule here?

I am in the WPB area too (Southern District of Fl) and there is no rule about moving within 2 months of surrendering. In fact, my attorney told me NOT to move until the final sale. There are some Trustees in the WPB office that will tell the debtor they have to move when surrendering the home and if your attorney does not fight it - then the Trustee wins.

I am stunned your attorney had you sign paperwork before the 341 agreeing to move within 60 days since the F/C's are taking a long time (closer to 2 yr average from the date of Lis Pendens). I have done some research and from what I can see, the attorney's that buy into this philosophy are from mill type offices where they send a standin to the 341 and they actual attorney does not show up.

Also, from what I have been seeing on the F/C side is that the more upside down you are the slower the F/C process. If you are in a HOA or Condo community the process is slower. If you have any amount of equity or your loan value is close to the current market value, then the F/C moves right along quickly. I have seen F/C's here where the Lis Pendens was filed in late 2005 or early 2006 and there is still no sale date! (Those are the exceptions, not the rule).

BTW, I'm still in my house. I was discharged Ch 7 in Jan 2009 and still do not have a F/C sale date.

[sofarsogood2]

I know people who have surrendered, but stayed in the house for a year or more in the Southern District. Have never heard of leaving involuntarily just because of BK filing. They have to foreclose and take title, or sell and give title to buyer- until then, it is still in your name legally and you can stay.

It's interesting that your attorney would have you sign a deal to leave early, unless you got something in return. There must have been a reason. Most banks don't want the home sitting empty- too much opportunity for vandalism/theft.

[doingpoorly]

debbie42-
I'm in PSL and my neighbor filed and stated that he wanted to surrender and he was out of his house within a couple of months. Now, I don't know if he just wanted to go elsewhere in the city but I know his situation and he could really have used months and months of "free" rent so I assume there was a reason he needed to leave. I can only guess that it was that two month rule. I have heard of others saying the same thing for our area.

I, on the other hand, intended to stay and stated so when I filed, but things have changed and we have not paid for 2 months now and will let the bank have it when they "ask" for it back.

Seems to me that the only way to stay is if you originally intend to keep the home.

good luck