Florida Foreclosure timeline

[cory1848]

Our update, Florida , lisaPendens 11-30-2011, We recved letter today from BOA attorney from Texas, ( former letter was from Tampa.) The letter states since we did not modify, we can sign deed over to BOA and qualify for 3000 moving expense. We must reply by March 10. It also say they will pay 6000 toward a second mortgage. would hve to send & attached form and copy of tax return, 2 current pay stubs, and 2 months bank statements. Forget it..... and if your condition improves in meantime you would not qualify. We are doing a strategic default,
upside down 160 grand. We could pay, but we will retire in 2yrs and cannot sell. Job loss could come anyday as well. Our last payment was 5-2010 I think. We figure we have about 4 more months. Just keep updated on our florida forclosure. No way will we give them any info.

Take the money and run! I would love that offer. Congrats on being offered that. I pitched that to my banks attorney and she said she would submitted it to them and would wait for a response. My guess it will be another 6 months for a response.

Did they give you a timeline to be out if you accept?

[Floridagail]

Yes, the letter states after receiving the request paperwork sent to them it would be 14 days, for decision to be made as to whether we will be able to do the sign over of deed or not. If approved, The transfer Paperwork will be sent to me within 60 days. Once the papers signed I must vacate the property. They will verify condition of the property and send the ck 3000 within 10 dys. However they reserve the right to change the condition of terms. I do not believe they will approve us , as we have second mortgage and a good paycheck each week.

[Freddy03]

Take the money and run! I would love that offer. Congrats on being offered that. I pitched that to my banks attorney and she said she would submitted it to them and would wait for a response. My guess it will be another 6 months for a response.

Did they give you a timeline to be out if you accept?

I've heard that WF rarely gives out offers.

[cory1848]

I've heard that WF rarely gives out offers.

Seems that is what I am hearing as well. Their loss, not mine. I can deal with it.

[cory1848]

Just finished talking with the banks attorney, well emails really. Long story short is that Wells Fargo will NOT do any kind of cash for keys offer. So I told the attorney we will let this play out. She was very nice and helpful actually. She said that the only reason they issued the discovery (Request for Admissions) is so the case wouldnt get dismissed from the Lack of Prosecution notice. She said she would not pursue a compel to answer so I dont answer, things will just move along as they normally would. It was good that she shared that info. I kindly asked her to take her time with the MSJ so we will see how long until the next step. I think I will be lucky to get another 4 months out of this.

[Freddy03]

Just finished talking with the banks attorney, well emails really. Long story short is that Wells Fargo will NOT do any kind of cash for keys offer. So I told the attorney we will let this play out. She was very nice and helpful actually. She said that the only reason they issued the discovery (Request for Admissions) is so the case wouldnt get dismissed from the Lack of Prosecution notice. She said she would not pursue a compel to answer so I dont answer, things will just move along as they normally would. It was good that she shared that info. I kindly asked her to take her time with the MSJ so we will see how long until the next step. I think I will be lucky to get another 4 months out of this.

So what's the total now?

I have not heard anything from WF since discharge.

[cory1848]

So what's the total now?

I have not heard anything from WF since discharge.

In August it will be 3 years no payment, April will be 2 years from receiving LP. From the emails I got, it seems the only reason they moved ahead with the case was because it would have been dismissed if they didnt do anything. That lack of prosecution notice is what moved things along. It will be interesting to see if they push it through or sit on it again for awhile.

[Freddy03]

In August it will be 3 years no payment, April will be 2 years from receiving LP. From the emails I got, it seems the only reason they moved ahead with the case was because it would have been dismissed if they didnt do anything. That lack of prosecution notice is what moved things along. It will be interesting to see if they push it through or sit on it again for awhile.

Since I have been keeping track of FC thru the county website I have noticed after the first of the year a lot of cases were closed due to lack of prosecution. So if it gets closed is it back to the drawing board for the mortgage co?

[cory1848]

Since I have been keeping track of FC thru the county website I have noticed after the first of the year a lot of cases were closed due to lack of prosecution. So if it gets closed is it back to the drawing board for the mortgage co?

Wish I was that lucky. The plaintiff has to have activity on the docket no longer than 10 months I believe. If the case has been dormant for more than that, a Lack of Prosecution notice gets issued. If they dont respond but issuing something, the case gets dismissed. It just means they have to start over again. Doesn't mean defendant gets off scott free, it just delays things further.

[Floridagail]

I checked records today, it only shows a order feb 15 removing other parties frm case. My hubby is only one on loan or title of house. Any idea what that is about?

[cory1848]

I checked records today, it only shows a order feb 15 removing other parties frm case. My hubby is only one on loan or title of house. Any idea what that is about?

Thats standard. Happened to me as well. When the bank issues the LP, it is sent to anyone and everyone who might have a claim to the property. All of the unknown spouses you didn't know you had... lol. As the case moves along, it is determined that those entries do not have a claim and are then dropped. For me, I just thought about it as the banks way of cleaning up their lawsuit file.

[Cherinfo]

Wish I was that lucky. The plaintiff has to have activity on the docket no longer than 10 months I believe. If the case has been dormant for more than that, a Lack of Prosecution notice gets issued. If they dont respond but issuing something, the case gets dismissed. It just means they have to start over again. Doesn't mean defendant gets off scott free, it just delays things further.

Cory? you say case must be dormant for more then 10 months is that correct? When you say dormant does that apply to judges be changed in the case? Below is a bit of history about our case. We flied chapter 7 09/2010 discharged and closed 12/2010. LP was filed 10 20/2010 ( the day were came home from 341 meeting !) I have been keeping tabs at the county court house and this is a piece of how our docket looks. As you can see the plaintiff's own attorney has asked to be dismissed from case on 06/2011, Judge denies that request! Any insight for us?

01/05/2012 CASE TYPE/JUDGE CHANGED
11/15/2011 CASE TYPE/JUDGE CHANGED
11/02/2011 CASE TYPE/JUDGE CHANGED
11/02/2011 NEW JUDGE APPOINTED AND PLACED IN CASELOAD ASSIGNMENT
07/12/2011 ORDER DENYING MOTION FOR:
07/12/2011 PLNTFS COUNSELS EX PARTE MOTION TO WITHDRAW - DTD 071211
06/27/2011 MOTION TO WITHDRAW AS COUNSEL
06/27/2011 FILED BY BEN EZRA AND KATZ PA AS COUNSEL FOR PLNTF
04/15/2011 CASE TYPE/JUDGE CHANGED
04/15/2011 JUDGE REASSIGNED PURSUANT TO ADMIN ORDER MODIFYING
04/15/2011 CASELOAD ASSIGNMENT
02/23/2011 BORROWER NON PARTICIPATION NOT
02/23/2011 WITH RMFM PROGRAM

[cory1848]

Cory? you say case must be dormant for more then 10 months is that correct? When you say dormant does that apply to judges be changed in the case? Below is a bit of history about our case. We flied chapter 7 09/2010 discharged and closed 12/2010. LP was filed 10 20/2010 ( the day were came home from 341 meeting !) I have been keeping tabs at the county court house and this is a piece of how our docket looks. As you can see the plaintiff's own attorney has asked to be dismissed from case on 06/2011, Judge denies that request! Any insight for us?

01/05/2012 CASE TYPE/JUDGE CHANGED
11/15/2011 CASE TYPE/JUDGE CHANGED
11/02/2011 CASE TYPE/JUDGE CHANGED
11/02/2011 NEW JUDGE APPOINTED AND PLACED IN CASELOAD ASSIGNMENT
07/12/2011 ORDER DENYING MOTION FOR:
07/12/2011 PLNTFS COUNSELS EX PARTE MOTION TO WITHDRAW - DTD 071211
06/27/2011 MOTION TO WITHDRAW AS COUNSEL
06/27/2011 FILED BY BEN EZRA AND KATZ PA AS COUNSEL FOR PLNTF
04/15/2011 CASE TYPE/JUDGE CHANGED
04/15/2011 JUDGE REASSIGNED PURSUANT TO ADMIN ORDER MODIFYING
04/15/2011 CASELOAD ASSIGNMENT
02/23/2011 BORROWER NON PARTICIPATION NOT
02/23/2011 WITH RMFM PROGRAM

When I was researching it, the way I read it meant zero activity on the docket at all. Anything at all resets the clock back to 10 months. From what you listed, you have a lot of activity so I don't think this would apply in your case. In my case, I didn't have any activity in 12 months, I wasn't about to poke the giant to wake him. The court did that for me. I believe that if the Lack of Prosecution motion was not issued, I still would not have any activity.

The Lack of Prosecution motions are issued as a way for the courts to clear the case load. Banks are not helping to move things through as they are just sitting on properties. Defendants are not helping either because they want to stay in the house as long as possible payment free so the court has to do something, especially since the rocket docket thing failed.

From what I see in your case, looks like nothing is really going on. Are you still in the house? Wanting to stay as long as possible or wanting to get it over with? My guess is, Ezra and Katz has out billed the bank and they want out of the case. Judge denies that so I can only assume they will just sit on it and not do much. Could be here awhile....

Now this is all just my assumptions... I have no real experience with any of this except for what has happened to me personally.

[Cherinfo]

Yes still in the home we have no plans on leaving until we must. My husband has been on unemployment since Jan of 2011. What also gets me about this case is that after our discharge was closed our bank sold the mortgage to another bank. I checked the county files and that assignment was done 1/2011 and is screaming with known robo signers. I am now wondering who files for the MSJ the original bank who filed the LP, or the new bank that was assigned our mortgage after it was discharged?

[cory1848]

Yes still in the home we have no plans on leaving until we must. My husband has been on unemployment since Jan of 2011. What also gets me about this case is that after our discharge was closed our bank sold the mortgage to another bank. I checked the county files and that assignment was done 1/2011 and is screaming with known robo signers. I am now wondering who files for the MSJ the original bank who filed the LP, or the new bank that was assigned our mortgage after it was discharged?

Assignments are done all the time, I don't think that would affect the outcome of the case at all. If you are looking to "fight" this, I highly suggest hiring an attorney. Hiring an attorney bought me a LOT of time. Well worth the $1500 I spent, even though I think the attorney I did hire wasn't all that experienced.