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  • So that would be six weeks from the hearing date, It does not include hearing date yet, just request.
    chpt 7 ,5-2009

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    • Originally posted by Floridagail View Post
      So that would be six weeks from the hearing date, It does not include hearing date yet, just request.
      Sorry my mistake, I had about 3 months. Just double checked my records. I was issued notice 6/19 but didnt receive it until a week later, MSJ ruled on 8/23, sale 9/26. I could have stayed until 9/26 but I rented a place 9/1 and took 3 weeks to move. Court has to issue sale no earlier than 20 days from MSJ and not later than 35 days from MSJ.
      Last edited by cory1848; 11-14-2012, 03:23 PM.

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      • I will keep checking to see if we get a MSJ hearing date and work on that date to move. I am definately ready to move on. I was hoping it would happen by dec 31, but I guess it will drag out to next year. We almost made 3 yrs. May would be 3 yrs. Glad you are settle and moving forward.
        chpt 7 ,5-2009

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        • Our Court Records show that the "PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS" was filed Sep 10. But the hearing date has not been set yet. What causes it to take so long? Is the court so busy it can't even schedule the hearing or does it require some additional action from the bank's attorney?

          Comment


          • Originally posted by scooter6251 View Post
            Our Court Records show that the "PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS" was filed Sep 10. But the hearing date has not been set yet. What causes it to take so long? Is the court so busy it can't even schedule the hearing or does it require some additional action from the bank's attorney?
            Good question. You could either call the clerk or get a hold of the plaintiffs attorney and see whats going on. I was in communication with my banks attorney. She helped me probably more than she should have.

            Comment


            • Originally posted by cory1848 View Post
              Good question. You could either call the clerk or get a hold of the plaintiffs attorney and see whats going on. I was in communication with my banks attorney. She helped me probably more than she should have.
              I called the clerk's office but they didn't seem to know much about the status. But I will call the attorney. Thanks for that suggestion. I'm sure that will all depend on their attitude/personality as far as even speaking with me. But worth a try. Their attorney is in Tampa also.

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              • Cory
                I checked courthouse today, they still show case conference 2-13-2013, In meantime I got motion for request of summary judgement dated 11-13-2012, It was added to my records , but no hearing date for summary judgement. Do you think they will just use the feb 13 date. It has almost been a week since last update? I started looking for rental but not sure what date to move.
                Last edited by Floridagail; 11-21-2012, 10:32 AM. Reason: typo
                chpt 7 ,5-2009

                Comment


                • Originally posted by Floridagail View Post
                  Cory
                  I checked courthouse today, they still show case conference 2-13-2013, In meantime I got motion for request of summary judgement dated 11-13-2012, It was added to my records , but no hearing date for summary judgement. Do you think they will just use the feb 13 date. It has almost been a week since last update? I started looking for rental but not sure what date to move.
                  Hi, did you get the motion for request of summary judgement in the mail? Or you just saw it on the court records site? I'm still waiting for mine and wondering how it happens.

                  Comment


                  • I received motion for summary judgement in regular mail , then it was added to civil court records a few days later. But no hearing set. You should get copy of it in regular mail. As the case moves forward. My homeowner assoc president also got a copy of everything I get , we are not behind on homeowner fees, but she still gets copy.
                    chpt 7 ,5-2009

                    Comment


                    • Our default order was vacated because the 2nd mortgage company (also the same as the first - BoA) objected -- probably a different investor than the 1st even though both BoA. The attorney for the 1st mortgage has filed a letter with the court for the judge but none of the images are uploaded yet so the clerk's office couldn't tell me anything. I don't understand why the 2nd mortgage is even bothering. The market value of the house is less than the 1st mortgage balance by $40K and both mortgages were discharged last year in the Chapter 7. The 1st mortgage BoA has already padlocked the gates to the backyard and changed the key locks on the doors/garage. We moved out well over a year ago and have been paying the HOA and trying to maintain the property plus we have vacant house insurance. I still show a motion for summary judgement set for early January but with the order vacated, who knows.....I just know we don't want the house back due to my husband's illness. It's just too much to handle.

                      Comment


                      • Deedee
                        Understand your position, In our situation, I filed chptr 7, but house in my partners name and he makes too much to file chpr 7 right now. So we are hoping to avoid filing until he is retired and then file 7. We are only a few years away. I have read that the banks get the judgements then do not tranfer the title to their name on purpose. So we are staying until title come out of our name. I wonder if they get their PMI money after summary judgement so they do not care to take over title and sell.
                        chpt 7 ,5-2009

                        Comment


                        • the banks can only collect the pmi monies once the foreclosure process is completed...that was according to the FHA when i called. i had asked if chase had put in a claim and the process was explained to me, that prior to the banks being able to collect they must follow the process, which is complete the foreclosure and they apply for the monies. they were even able to check to see if chase had put in a claim on our home yet, just by providing our old address.
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                          • I wonder why the banks are not taking titles then. I listen to a attorney radio show in south florida and they were discussing that. For some reason they are not taking titles. We should know anyday when our SJ hearing is. It shows a Status Conf on Feb 11, Do you know what that is about, will they use that as hearing Date.
                            chpt 7 ,5-2009

                            Comment


                            • well at your sj hearing summary judgment can dismiss certain portions of a legal civil suit, dismiss the entire suit or rule this or that, depending on what the oral arguments are about. or rule that the matter move forward to trial. usually a sj option often is used by the litigants to avoid a costly trial because they believe no factual issues are in dispute. so, if you aren't fighting the forclosure there is not much for them to discuss. the judge might rule that there are no issues for the court to decide and can terminate the litigation. or he/she may rule that the case has merit and there are many issues in dispute. the case would then proceed to trial. in your situation that's likely not the case.

                              do you have a date for your js or just a date for your status confer?
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment


                              • The records show status conf Feb 11 2013, Then last friday we got a request for summary Judgement in regular mail, but no hearing date on it. What is the status conf?
                                chpt 7 ,5-2009

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