Received (lis pendens) foreclosure summons after Ch 7 discharge. How long before they

[indeep59]

Received (lis pendens) foreclosure summons after Ch 7 discharge. How long before they actually foreclose?
This is in Florida, and didn't reaffirm obviously. I was hoping to get the loan modified but this bank (Astoria Federal) seems intent on foreclosing asap.
How long would I have if I do not answer the summons as I can't afford the legal fee's to do so?
Or can i answer it myself without legal representation to simply "buy more time" to try to modify or short sale it?

[tobee43]

are you keeping the house?? did you redeem the property, reaffirm the debt during the bankruptcy?????

[indeep59]

Posted this in the wrong forum, mods please move to the appropriate forum.

[Ugh07]

depening on the county you are in in FL it could take months to years for them to actually foreclose. If you want to do a short sale, list the home with a broker, get a contract and that alone will slow the process down. Judges have been loath to foreclose on a house with a pending contract.

[indeep59]

I have it listed for a short sale.

The lis pendens says to respond within 20 days, I can't afford the legal fee's to do so and curious as to what happens if I don't?

[Ugh07]

Nothing really happens if you dont respond. Most people dont. It's not like you are going to claim you dont owe the money or something like that. Some people think the repsonse should be some long drawn out explanation of all the hard luck they have had but in reality that is meaningless in a foreclosure action. You either owe the money or you dont, you either are making payments as agreed or you are not. If you owe the money but are not making payments then you have no defense, therefore no need to respond if you dont want too.

I am not an attorney.

[tobee43]

well, with our home in nj, we got the served back in nov 09....and they still haven't made a move...

since we were surrending the house, we DID NOT answer the summons. however, i know someone who needed to stay in their own with their kids and did have to answer and get some type of extention approved by a judge to continue to live there.

i know with the way foreclosure is handled it varies state to state...(like some have a "cap" on foreclosure fees). nj...is so special that they can and some banks charged in excess of 50-100K.....which that poor person finally filed bk to get rid of the bank fees since she could not pay them after they finally did foreclose. but they did go after her for all the fees...in her case they were approx 75K...then she filed bk.

we surrendered it, so the mortgage debt was discharge, however, but the deed is still in our names..that is until they foreclose...or we work out a way to transfer the deed and get some type of release...otherwise according to the bank it could take another 3 years to foreclose!!! (we do not live there).

we had two pieces of property...both i'm trying to work with to get the deeds out of our names....bank 1 will not budge...bank 2...just send a warranty deed and release...so we are 1/2 there!!

point being, i think i would answer or at the least have attorney review the papers if you intend to keep the house.

[tobee43]

on the back of the summons there should be information that you can either call or write without the help of an attorney.

they should have also attached some HELP numbers...if NOT...call the issuing party and ask them to refer you to someone because you cannot afford an atty.

[indeep59]

I wrote my own reply to it, we'll see what happens now I guess.

[tobee43]

hope it goes well for you.