Foreclosure and eviction... in FL if that helps

[hopefulbk]

I just went late on my mortgage this month. My husband lost his income last year and without his income, we can't afford 1/2 of our bills (we have been using our savings up until this point in hopes he could get another job). We will eventually file for bk but until then, we are sitting in the house (we don't want to keep this house). My question is, do they have to notify you of an upcoming eviction? Last thing I want is to come home from work one day and see locks on my door and my things in the street. we are currently trying to save up for a bk attorney and that will take months to do (about 5-6 months). I'm scared to death of the process and have already read many of the sticky's and other posts and am still left wondering.

[justbroke]

You have some time. Before they can even evict you, they have to take ownership of the home. That's because you legally own the home. The Bank would need to follow the foreclosure process. After you are 90-days late on your mortgage payment, the Bank should be sending you a Notice of Default (NOD). On that NOD, there's a date by which you must cure the default (missed payments) or the Bank will accelerate the Note (make it all due at once... the whole thing) and start foreclosure proceedings. The date on the NOD is at least 30 days from the 90-days late. (So that's 120 days total.)

Then, the Bank may proceed immediately or wait longer, to file a lis pendens (Florida for lawsuit pending). This is your official notice of foreclosure. This will be served on you by the Court through a process server (usually the Sheriff's office), and almost always personally (in person, in your hands).

From the time you get the lis pendens you have 20-days to answer it. If you don't answer it, the Bank will probably ask for a summary judgment. This could take another 30 days on top of the 20 day answer period. So, now you're at 170+ days.

If they do finally get their judgment, then they will need to notify you of the sale, which would be at least 4 weeks in advance. Now you're at 198+ days. (Most sites will say at least 180 days).

So, it's at least 180 days from the default. Then, if you stay and they sell it, they would then send you a Quit/Vacate notice... to move out. If you don't move out, then they'll ask for an Eviction Writ so they can have the Sheriff force you out.

[hopefulbk]

Thanks for your response- that really did help clarify the process!

[justbroke]

Also, save your money! Don't make any more payments to the mortgage, if you're letting it go in BK.

[monkatom]

To piggyback on this. I am in California and am now three months late. I received a notice last Month (2 months late) that said I had until a certain date to pay my mortgage or they would accelerate the note. Was this the official NOD? If so will I receive soemthing from the Sheriff saying when the sale date is so i have time to pack etc?
Thanks

[justbroke]

To piggyback on this. I am in California and am now three months late. I received a notice last Month (2 months late) that said I had until a certain date to pay my mortgage or they would accelerate the note. Was this the official NOD? If so will I receive soemthing from the Sheriff saying when the sale date is so i have time to pack etc?
Thanks

Yes, that was the official notice of default (NOD).

You may receive something from an attorney's office because they may do a non-judicial sale (power of sale).

[monkatom]

Can someone tell me if I am reading this correct. After 60 days late I received the officla NOD. So 3 months from NOD date I should get something from lawyer telling me when the sale date is and that will be like 21 days from the date of the letter? I am in California so I guess they can do judical or non judicial? How will I know which they use?
Thanks