Florida Foreclosure timeline

[cory1848]

The attorney/paralegal gave the same timeline. She said we should file our BK after the MSJ hearing but before it actually goes up for sale at about 25-30 days afterwards. She said that would stop the sale with the automatic stay and that they would have to file to have the stay lifted if they wanted to continue. She feels that they will not want to go through the time and expense to lift the stay when they will get the property in 4-6 months anyway when/if our BK is discharged. Therefore she estimated we would have about six more months to live in that house if we wanted to. Not worth the effort to try and fix up what needs fixing for six months so I don't care if they lift the stay or not. My question is: When does the title get taken out of our names and put into someone elses? Meaning, when can I finally quit having to worry about the liability and lawn maintenance on that nightmare?

Can you tell me how far out the date is for the MSJ hearing from when you got the notice? I am trying to gage the amount of time I will have from getting that notice to the court date for the MSJ.

Thanks

[BananaCabana]

How far is the date out for the hearing? From the case research I have been doing, once the MSJ is complete, it is 20-30 days for sale. Have to be out by then.

The attorney/paralegal gave the same timeline. She said we should file our BK after the MSJ hearing but before it actually goes up for sale at about 25-30 days afterwards. She said that would stop the sale with the automatic stay and that they would have to file to have the stay lifted if they wanted to continue. She feels that they will not want to go through the time and expense to lift the stay when they will get the property in 4-6 months anyway when/if our BK is discharged. Therefore she estimated we would have about six more months to live in that house if we wanted to. Not worth the effort to try and fix up what needs fixing for six months so I don't care if they lift the stay or not. My question is: When does the title get taken out of our names and put into someone elses? Meaning, when can I finally quit having to worry about the liability and lawn maintenance on that nightmare?

[cory1848]

Well, they are finally moving forward with our foreclosure. We got our Notice of Hearing for the Plantiff's Motion for Summary Judgment. Things will move fast now!

First "real" missed payment was in May of 2009. With the forclosure continuing it should be complete around March-May of 2012. Hopefully anyway! That makes our FL foreclosure timeline almost three complete years from start to finish. More if you include the three months they gave us to try and get good paying jobs so we could afford the mortgage payments again. That didn't happen for about 7 months by which time we had already be 'threatened' by them so many times as well as offered ridiculous modification terms that we decided it wasn't worth trying to keep the home any longer and gave up. It will all be over soon now!

How far is the date out for the hearing? From the case research I have been doing, once the MSJ is complete, it is 20-30 days for sale. Have to be out by then.

[BananaCabana]

Well, they are finally moving forward with our foreclosure. We got our Notice of Hearing for the Plantiff's Motion for Summary Judgment. Things will move fast now!

First "real" missed payment was in May of 2009. With the forclosure continuing it should be complete around March-May of 2012. Hopefully anyway! That makes our FL foreclosure timeline almost three complete years from start to finish. More if you include the three months they gave us to try and get good paying jobs so we could afford the mortgage payments again. That didn't happen for about 7 months by which time we had already be 'threatened' by them so many times as well as offered ridiculous modification terms that we decided it wasn't worth trying to keep the home any longer and gave up. It will all be over soon now!

[justbroke]

I understand that they have to name them and they already named them on the initial LP. The notice I had today was them being removed.

Yes, similarly, they have to file the failure to obtain service on the individuals and then remove them from the lawsuit, since they don't exist. It's all process related. While you can sue an "unknown" defendant by naming them as such in the initial complaint, you would need to eventually name them or remove them from the suit.

[cory1848]

They have to do this. They are required to name everyone, including "unknown residents". It could become a process issue if, say, you had a tenant and they weren't served!

I understand that they have to name them and they already named them on the initial LP. The notice I had today was them being removed.

[justbroke]

Update: Today i received notice of Dropping Defendants. Notice filed that the Unknown spouses of me and my wife, Tenants 1, Tenants 2, Tenants 3 and Tenants 4 are being dropped. I guess thats good for the imaginary people I had sleeping here.

Not sure why they even bothered with this. Maybe to save mailing cost for future notices? Who knows...

They have to do this. They are required to name everyone, including "unknown residents". It could become a process issue if, say, you had a tenant and they weren't served!

[cory1848]

Update: Today i received notice of Dropping Defendants. Notice filed that the Unknown spouses of me and my wife, Tenants 1, Tenants 2, Tenants 3 and Tenants 4 are being dropped. I guess thats good for the imaginary people I had sleeping here.

Not sure why they even bothered with this. Maybe to save mailing cost for future notices? Who knows...

[Freddy03]

Anyone else notice the decline in Foreclosure Attorney advertisements on the TV and Radio?

[cory1848]

No, the access to the home has not changed a bit. I still get a 'phone call' every weekday from the bank's number that I never answer and they never leave a message. Other than that we had the lis pendens, and affidavit filed by Albertelli Law and a correction of the affidavit which even my lawyer said they have no clue what they are doing. We haven't had the activity that you have.......yet......

Thanks!

Funny that you say this. When I read the responses to my answers from them, it was like a form letter. Like the person writing the responses only had a certain amount of options to chose from and then picks the best one that fits. I know very little about legalese so fighting this would be tough for me, but I know any competent attorney would laugh reading those. I really don't want to spend anymore money on lawyers but if I did, I am sure a good lawyer could drag this out a lot longer with responses like that.

I swear these lawyers for Albertelli are hired straight out of law school, or even better, they are probably just paralegals. I am wondering how long it will take the court to set a date...

[BananaCabana]

Has the bank secured it? Changed the locks? If not and you still have full access, I would move back in. Courts seem to be more active in moving cases along though. Sending out Lack of Prosecution notices to clear the dockets gets things moving.

No, the access to the home has not changed a bit. I still get a 'phone call' every weekday from the bank's number that I never answer and they never leave a message. Other than that we had the lis pendens, and affidavit filed by Albertelli Law and a correction of the affidavit which even my lawyer said they have no clue what they are doing. We haven't had the activity that you have.......yet......

Thanks!

[cory1848]

We are actually considering moving back into the house we vacated. If this may drag on for another year or three then we could save quite a bit. The problem will be getting the house ready to be lived in. Someone cut off the power line that lead from the water softener to the house (or something along those lines) and the well may not be working properly so there is no running water yet. The AC may need to be looked at too. The pool pump and pool heater along with other equipment has been stolen off of the house too. We won't worry about doing anything with the pool though. If fixing all of that is cost prohibitive then we will forget moving back. Or if it looks like the bank be moving forward anytime soon then it would be silly to do so.

Does anyone know if there are any legal ramifications to moving back into a house you abandoned but the bank has not taken yet?

Has the bank secured it? Changed the locks? If not and you still have full access, I would move back in. Courts seem to be more active in moving cases along though. Sending out Lack of Prosecution notices to clear the dockets gets things moving.

[BananaCabana]

We are actually considering moving back into the house we vacated. If this may drag on for another year or three then we could save quite a bit. The problem will be getting the house ready to be lived in. Someone cut off the power line that lead from the water softener to the house (or something along those lines) and the well may not be working properly so there is no running water yet. The AC may need to be looked at too. The pool pump and pool heater along with other equipment has been stolen off of the house too. We won't worry about doing anything with the pool though. If fixing all of that is cost prohibitive then we will forget moving back. Or if it looks like the bank be moving forward anytime soon then it would be silly to do so.

Does anyone know if there are any legal ramifications to moving back into a house you abandoned but the bank has not taken yet?

[JvilleGarden]

Monthly Update (ok, it's been longer than a month). Nothing new to report. We are still in the house. We get a post card once a month from the lender to verify that we are still occupying the home, which we are. They don't seem to be in any kind of hurry, and neither are we. Last payment was Feb, 2010, BK was discharged March, 2011. I am amazed at the time involved.

[cory1848]

Well, edit that. Court site just updated with the reply. Dated 10/13, five days late... So now I sit and wait.