Got a card from process server on front door - what to do?

[jupitert]

We live in FL, filed CH7, included the house, made last payment in Jan10. We recieved a letter from an attorney about 30 days ago stating the foreclosure process was beginning.

Yesterday i get a card on my door from an Orange County Sheriff's dept process server stating he has court papers for me, and it asks me to call him.

What should I do? I assume he is serving me a NOD, but could I somehow missed those papers and he is serving me notice of an auction sale?

If I dont get served the papers, does that delay the foreclosure? Or should I call him and get the papers so i know exactly what the papers contain?

Thanks

[jupitert]

As a follow up to my post above, I just checked the county website and it says on 8/23 Notice of Lis Pendens was filed, so I assume that is the paperwork I am being served.

My wife is freaking thinking we will have to move in less than 2 months.

Can anyone help me in terms of a ballpark timeline of days from LP to actual move out date. It should be more than a few months, at least, i hope, right???

[justbroke]

You will have more than 7 months before any foreclosure will happen. You can delay it longer by having an attorney respond to the summons. This needs to be done within 20 days of you being SERVED the summons. So, let's just say the Sheriff's office gets it to you today. It won't be until the 21st that you're even in default. Mortgage company attorneys are so swamped, it could be 4 months before the attorney files a motion for summary judgment and/or default. That still requires a trial, and those are usually postponed as well. A simple answer to the summons will delay it additional time.

That was before 2010. Now, every case must go through mediation which adds at least 90 more days to the process. I'm thinking you could stretch this process to 11-14 months if you wanted to.

[ByeByeCCs]

Go back to the county website and do some searches involving your lender. Look at the cases and figure out the average time line excluding the wacky cases. I can almost guarantee it will be more than two months. Answer anything you are served.

[jupitert]

Thank you!Thank you!Thank you!Thank you!

[ssmdem]

When you guys say "answer" - what exactly do you mean? We haven't received anything yet - but am expecting probably within the next couple of months.

[ryan]

You would be answering the Complaint. It will list a number of items/facts the Plaintiff(lender) is claiming to be true. For instance things like your correct name, the address of the property, who is the mortgagee, how much you owe etc etc.

Ideally with the help of a lawyer, you would go thru the complaint and answer affirmatively or deny each point the plaintiff has listed. Then you would list any Affirmative defensives.
....and then file your Answer with the Clerk of The Court. There probably is a fee to be paid, as well.