Should I move back in abandoned home after 3 yrs sitting Vacant-still not foreclosed

[TBA]

It depends on what your mortgage documents say as to when the SOL starts (see website below). We are in a situation where we will be trying to use the SOL on an SBA second, and that falls under slightly different rules (go figure, uncle sam gets to make his own rules...), but the best explanation i found on calculating dates was on this website... creditinfocenter.com/rebuild/statuteLimitations.shtml

While it is specifically talking about other types of debts, it does suggest you calculate the date as follows:

Calculating When the Statute of Limitations (SOL) is Over

Take the date cause of action begins (date of last payment or demand letter):
Add the number of years of the statute of limitations in your state.

Example:
You last stopped paying on a credit card on Jan 15, 2001. The company sent you a demand letter for the full amount on July 15, 2001. The statute of limitations for credit cards (usually regarded as open accounts) in your state is 6 years.

The date at which you are "safe" from having a creditor sue you over this debt is:

No Acceleration clause: Jan 15, 2001 + 6 years = January 15, 2007
Acceleration clause: July 15, 2001 + 6 years = July 15, 2007.

Again, consult your attorney about this to see if you can use the FL statutes. But at least be armed with this info when you talk to him/her.

[venicehope]

when would the statue of limitations date start from?
Filing of Lis pendens?
last mortgage payment
discharge date
the last associated action i.e. filing to drop deffendant

At this point i just don't know if i should proceed to clean up our homes yard, & interior. Get the services hooked up & move in? There was a note on the door from a property perservation co. stating....
The ---Co. has inspected this property and found it to be vacant or abandoned. The mortgage holder has the right and duty to protect this property. Accordingly, it is likely that the mortgage holder will have the property secured and/or winterized within the next few days. There for if this property is not vacant please call the number below imediately.
BUT...they haven't done so! With our names on the deed we are liable for anything that happens there. Isn't in my interest to protect my family by moving in to care for the property since the bank has neglected to do so? there isn't any date on the sticker nor has there been any of the inspection lines filled in or dated. The sticker might had been up there for months already. Wondering what I can do to protect ourselves? Or maybe I don't have any ground to stand on....deed or no deed? Would like to get maybe 6-12 months out of this.

[TBA]

Dont forget about the five year SOL in Florida - FS 95.11 2(c) - However - consult your attorney. There are only a few case laws i have seen in my own exploration based on your mortgage and clauses within it.

[justbroke]

I have seen this alot , The bank did not properly file the assignments . That simply means unless they can fix the problem somehow they do not have Standing to foreclose.

Sorry, but assignments mean nothing, really, when it comes negotiable instruments that are bearer instruments. The assignment just protects the holder of the Promissory Note (Note) from priority issues when it comes to the lien. So much so, that all Courts agree that the Mortgage is "incidental" to the Note and once the Note passes, the Mortgage (security instrument) passes as well. Assignment issues are easy to fix anyhow. It's really the original indorsed Note that is necessary to actually foreclose in Florida. Lender's are now proud to "show you the Note" since much of the procedural issues are fixed. However, the robo-signing of the assignments got out of hand and foreclosures have slowed to all but a crawl in Florida... with the Florida specialized foreclosure courts -- rocket docket -- being closed as well.

Remember, an assignment is still valid even if not filed! Even the FLorida Statute says this! It simply reads, in F.S. 701.02 (1) that "[a]n assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law." In other words, it only goes to priority and other claims... not to who "owns" the note or has standing to foreclose! The fight really is just to delay the process. The house always wins... to use a Vegas term.

I am with some of the other posters , check with a local Attorney on laws and rules in your area & if you are still on the title move back in.

I agree that that poster should check SOLELY the Florida County's property appraiser's office to see who is listed as property owner. Other than that, this is not a case of even fighting a foreclosure, yet.

I realize that money is tight so Securitization Trust Identity Research may be out of reach at this time but you might want to look into that if you move back in and things get better for you.

A free house is not going to happen. The fact that there is an unreleased (unsatisfied) recorded mortgage and note, is all a Judge needs to ask the homeowner "so, did you pay or not?". (True story in Florida!) The only thing you can argue is that the wrong entity is foreclosing. Hard to argue that you never had a mortgage!

[dstreet]

The bank can't foreclose, The assignments are done incorrectly

I have seen this alot , The bank did not properly file the assignments . That simply means unless they can fix the problem somehow they do not have Standing to foreclose.

I am with some of the other posters , check with a local Attorney on laws and rules in your area & if you are still on the title move back in.

I realize that money is tight so Securitization Trust Identity Research may be out of reach at this time but you might want to look into that if you move back in and things get better for you.

Good luck.

[justbroke]

This is where I'm confused. Is the lien also the mortgage. The mortgage is all that is filed by World Sav. NO deed or Cert. of Title.

The Mortgage is known as the Security Instrument. This is the "lien" that gets recorded. A "deed" is something entirely different (unless it's a "Deed of Trust"). Deeds relate to "title" of a property. A security instrument, being a Mortgage or Deed of Trust, is what effectuates a lien on property. It must be recorded to ensure priority.

Also, the house was up for a county tax sale that "i think" World paid, they also have it insured. Or at least did two years ago.

So, there is no tax sale because the Bank paid the taxes. That's good.

Would the tax sale qualify as a lien? Is that the tax deed you speak of? I remember reading about a time frame of some three years without contest before the tax receipt can be applied for the tax ded. Isn't there a time frame in which I can repay that to gain the house back?

In Florida, the Counties sell "tax certificates" when you don't pay property tax. In other words... someone else pays the tax as an investment. Depending on the market, they could buy a certificate that collects 0.25% to 18% in profits on the investment. Generally, the tax certificate is paid off within the requisite 2 year period. If not, then the holder of the tax certificate can apply for a tax deed. There's a little more to it, but I'm generalizing. If they were to obtain the property with the tax deed, and the lender NEVER RECORDED A LIEN, then the tax certificate holder -- now holding the deed -- could redeem a property that has no encumbrances. The tax certificate is a type of "tax lien" against the property.

If you're concerned about the state of your taxes, check your County's Tax Collector website. You'll be able to see if your are Current, In Litigation, or In Arrears. Most banks will make sure the taxes are up to date because they do not want to lose the property in a tax deed sale!

[venicehope]

This is where I'm confused. Is the lien also the mortgage. The mortgage is all that is filed by World Sav. NO deed or Cert. of Title.

Also, the house was up for a county tax sale that "i think" World paid, they also have it insured. Or at least did two years ago.
Would the tax sale qualify as a lien? Is that the tax deed you speak of? I remember reading about a time frame of some three years without contest before the tax receipt can be applied for the tax ded. Isn't there a time frame in which I can repay that to gain the house back?

[tobee43]

The dupe was already removed.

that's cuz you are on the ball!!

[justbroke]

yep

The dupe was already removed.

[justbroke]

1. How do I find out if it was a withdrawl of the Lis pen? Could this be related torule 1.420 dismissal of actions, because no action was taken between Lis pend filed 6/12/2009 to 1/26/2011 Dropping Defendants.
3. The info I've gotten as yet is all from The Clerk of the Circuit Court.
4. Can I access the Civil Court Website? I'll try.
5. What does it mean if they stopped (dismissed) the foreclosure & WHY?
6. Yes, the wording included is on unknown spouses, tenants #1-4,the names being fictiticious to account for parties in possession.

For foreclosures, there are two sections of the Clerk of the Circuit Court Website that you must use. The first is the Clerk of the Circuit Court under the Civil Court section. It appears you have done that. You will see a Foreclosure Civil Action. You just check the case status and see if it is "ACTIVE" or "CLOSED". The "Civil" and "Criminal" cases actually show up in the same search. The difference is that civil matters will be coded with "Court Type" as "CIRCUIT CIVIL". (Criminal cases would show up as "COUNTY CRIMINAL".) This is where you'll see the foreclosure lawsuit.

The other section is the "Official Records" section. This is where you'll see the "Lis Pendens" and all other "recorded" documents for your County.

7. WOW re-open our BANKRUPTCY! SACREY! What lien are you talking about (the second mortgage or the county tax sale?)
8. We financed about 2 years prior to filing Chapter7. There is not a penny of equity in the house. Our equity was pulled out when we refinanced to purchase a flip investment.

Well, not really, but some have tried to get the lien avoided under the Trustee's super-lien priority in a Chapter 7. Consulting your attorney will at least let you know if this is possible. I'd double check that section of the Clerk's Website (Official Records) first to make sure there is no recordation of the refinanced mortgage. Then, your attorney can help decipher if there's really anything you could do about the unrecorded lien. Remember, an unrecorded lien just means that they lose their PRIORITY in a "race to the courthouse". Technically, someone else could jump in and record a lien and that would subordinate the refinanced mortgage! If a tax certificate was to turn into a tax deed... the owner of that tax deed could make out with a lot of money.

So, the chance of "owning" the house is very very very very remote... however, it should be explored as to whether the lien is recorded and what affect that has on your discharge. This isn't a "lost paperwork" or "show me the note" problem. The fact is, that they have a promissory note and a mortgage to back it. Their problem is that they didn't record it so anyone who records a lien before them... wins.

[tobee43]

is this a dup post?

yep

[OHBOY]

I forgot to mention I can't remember if our home was homesteaded or the investment was. (it was all very complicated at the time)
How would it matter?

Your property appraisers office (on online site) will be able to clue you in as to whether or not your home has the homestead exemption. ..
Now, (in my humble opinion) I would not necessary volunteer the information that you have not lived there for quite some time, as that (I think...) would be frowned upon (most likely fined...?) since you are supposed to report if there is a change with the homestead exemption (you are, I believe, supposed to live there if you claim the exemption)... We get a post card once a year, and if we continue to live here/claiming the exemption than no response is called for. However, if there is a change we have to report that change...

The homestead exemption described above is for tax purposes.

IF you claimed the property to be your FL homestead, I believe you should/would have filed a statement with the court/clerk since that's totally separate from the assessors office...at least that's what we did.

[tobee43]

i'm with jb and lady on this as well.

a lis pendens can be removed by termination, withdrawal or expungement. once a lis pendens is recorded, it is effective throughout the litigation of the case, its appeal, and up to the point the judgment is satisfied. termination can occur when the judgment on the underlying action has become final, or when the underlying action has been settled or dismissed. withdrawal occurs when the party who recorded the lis pendens voluntarily files a "notice of withdrawal of lis pendens" with the county recorder. expungement occurs when an aggrieved party brings a motion before the court and the court enters an order expunging (i.e. destroying) the lis pendens.

and i wouldn't contact the lenders attys to find out which applies

if all your information is coming from the clerk of the circuit court, sounds pretty much legit to me! but that's me .

who knows anymore with all the robo signing mess. i have heard people keeping their homes as a result, however, that is not the norm. you can got to the county clerks office yourself and do some searches. that way, usually, it's not as noticeable. i would think if the bank never foreclosed and it's in limbo, and in your name, it's pretty much a open book unless you find something in the court house stating the contrary.

[venicehope]

I forgot to mention I can't remember if our home was homesteaded or the investment was. (it was all very complicated at the time)
How would it matter?

[venicehope]

OK. I'm trying to take this all in & make sense of it all.
1. How do I find out if it was a withdrawl of the Lis pen? Could this be related torule 1.420 dismissal of actions, because no action was taken between Lis pend filed 6/12/2009 to 1/26/2011 Dropping Defendants.
3. The info I've gotten as yet is all from The Clerk of the Circuit Court.
4. Can I access the Civil Court Website? I'll try.
5. What does it mean if they stopped (dismissed) the foreclosure & WHY?
6. Yes, the wording included is on unknown spouses, tenants #1-4,the names being fictiticious to account for parties in possession.
7. WOW re-open our BANKRUPTCY! SACREY! What lien are you talking about (the second mortgage or the county tax sale?)
8. We financed about 2 years prior to filing Chapter7. There is not a penny of equity in the house. Our equity was pulled out when we refinanced to purchase a flip investment.
That property as well as our home (we speak of) were both surrended in the bankruptcy. The investment property (financed with Chase) was foreclosed within a year of bankruptcy. But our home is still in limbo. All The chase documents are listed on the Circuit Court site....nothing from World Savings. Although the investment had 200,000. in equity we couldn't keep it because it had a 600,000. loan on it we couldn't afford.
9. Do you think there's any chance we could legally really own our home? I heard alot of this n that about peeple trying to get their homes back due to lost paperwork but have yet to see any such incident go documented!
I can't thank you enough for your help!!!!