Florida Foreclosure timeline

[StEt0417]

I was curious how to find out what is going on with your case? When I go to the countys website it shows a pending case but doesnt show how far along the case is. Im just curious how do i find out what has been filed? If the house has a sale date do they inform you before hand? Its been a year and I havent heard anything from the bank since they served us with the initial foreclosure papers besides getting loan modification offers. Im wondering how much longer we will have. ...

[Jbgraham]

Clay County Florida

Here is a brief overview of our situation. I have gotten a lot of valuable information from these boards, and I hope that I can help some people out along the way.
February 2010-made last mortgage payment to BOA
April 2010-filed Chapter 13 (100% payback plan) and surrendered the home. We are about 100K underwater with the house.
August 2011-Chapter 13 was discharged. We were able to pay it off in less than 18 months because we were no longer making mortgage payments.

We have not heard a thing from BOA. They sent us a FedEx package 1 month ago asking if we wanted to try to do a loan mod, but we never sent it back. We check the court records every week or so, but no lis pendens has been filed yet. We have been living our lives rent free for about a year and a half. It has allowed us to pay off all of our debt (still working on student loans), pay off our 2 cars, and save a few thousand dollars so far. We are hoping to stay at least another year or 2 so we can save more money for a down payment on a new house.
This was a difficult and emotional decision, but has been the best decision we have ever made. It will allow us to be in financial control of the rest of our lives.

[justbroke]

Unfortunately, you will not likely be able to buy another home until that one is actually foreclosed upon, and then another 2-3 years has elapsed since the foreclosure (or short sale). It seems that Bank of America foreclosures have slowed to an absolute crawl, with hardly any active foreclosures.

I'm pretty certain that this was due to the so-called robo-signing and significant fraud related to foreclosures in Florida. The Florida Attorney General has already settled a lawsuit with one of the attorney firms in Florida and still has prosecution moving on several others, related to the foreclosure mess. Additionally, the State of Florida has shutdown the foreclosure courts so the foreclosures will be even more slow at this point.

I figure that once you are actually in foreclosure proceedings, you can probably delay it a year.

[florida]

Pinellas County-

In contact with E*Trade all summer. Last payment Dec. 2009, BK7 IBB May 2010.
They have not made any effort to do anything. I suggest deed in lieu. I was informed they would think about it.
....THEY MIGHT NOT WANT THE HOUSE BACK......

Yes, you heard me right. She said there is so much shadow inventory - they aren't taking all the houses back. We unlocked the abandoned house to allow them to take pictures and have heard nothing back from them.

.....I am shocked......

[cory1848]

Pinellas County-

In contact with E*Trade all summer. Last payment Dec. 2009, BK7 IBB May 2010.
They have not made any effort to do anything. I suggest deed in lieu. I was informed they would think about it.
....THEY MIGHT NOT WANT THE HOUSE BACK......

Yes, you heard me right. She said there is so much shadow inventory - they aren't taking all the houses back. We unlocked the abandoned house to allow them to take pictures and have heard nothing back from them.

.....I am shocked......

I would love to hear that from Wells Fargo. As long as nothing is happening in my case, I am happy. I have just passed the 2 year mark of no payments. Would love to squeeze out a third year. My goal is to be 100% debt free by the time this is over with. Student loans are killing me and this is the only way I can pay them off. Now just hoping my septic system holds out.

[Freddy03]

As you prob know cory1848 I'm following your process closely b/c I'm in FL and WF is my mortgage holder.

Since I've filed I have received 4 letters from them. 2 stating that our loan mod was denied, 1 stating I need to pay over $8k to bring the account current before discharge and 1 asking me what my intentions are now that we have filed.

I'm getting a little nervous thinking they are going to start the FC process fast. I'm hoping I get at least 1 year of no payments before they do.

[cory1848]

As you prob know cory1848 I'm following your process closely b/c I'm in FL and WF is my mortgage holder.

Since I've filed I have received 4 letters from them. 2 stating that our loan mod was denied, 1 stating I need to pay over $8k to bring the account current before discharge and 1 asking me what my intentions are now that we have filed.

I'm getting a little nervous thinking they are going to start the FC process fast. I'm hoping I get at least 1 year of no payments before they do.

Do you intend to stay as long as possible? If you do, I suggest hiring a FC attorney to stall them. That is what did it for us. The BK will stall them for another 2 months but they will request a lift of stay and that will be granted. I filed BK7 in September of 09. They request the lift of stay 12/22 I believe. I was discharged January 5. Received LP notice April 7, 2010. That was a good 6 month delay right there.

The way my lawyer explained it, was that the more work they have to do to fight with you on the case, the lower in the pile your file goes. They want the easy cases first because they get paid on a flat rate. Once you exceed that flat rate amount, it cost them money to continue fighting so you get pushed aside. It made sense to me. Not sure how much of that is true, but I am sitting here 2+ years of no payments. It was the best $1500 I spent on a lawyer. I am prepared for it to start up again anytime though.

I still receive monthly statements from my loan servicer. Last one was $32k I owe to bring it current. I laugh every month I get one of those in the mail.

One thing separate from the FC process. If you havent been discharged from the BK7 yet, ask your lawyer if he/she pursue credit violations form the BK after discharge. I made $2800 total cash from those after lawyer fees. Paid for the FC fees. Just a thought.

[Freddy03]

Do you intend to stay as long as possible? If you do, I suggest hiring a FC attorney to stall them. That is what did it for us. The BK will stall them for another 2 months but they will request a lift of stay and that will be granted. I filed BK7 in September of 09. They request the lift of stay 12/22 I believe. I was discharged January 5. Received LP notice April 7, 2010. That was a good 6 month delay right there.

The way my lawyer explained it, was that the more work they have to do to fight with you on the case, the lower in the pile your file goes. They want the easy cases first because they get paid on a flat rate. Once you exceed that flat rate amount, it cost them money to continue fighting so you get pushed aside. It made sense to me. Not sure how much of that is true, but I am sitting here 2+ years of no payments. It was the best $1500 I spent on a lawyer. I am prepared for it to start up again anytime though.

I still receive monthly statements from my loan servicer. Last one was $32k I owe to bring it current. I laugh every month I get one of those in the mail.

One thing separate from the FC process. If you havent been discharged from the BK7 yet, ask your lawyer if he/she pursue credit violations form the BK after discharge. I made $2800 total cash from those after lawyer fees. Paid for the FC fees. Just a thought.

Yes I hope to stay as long as I can and I plan on hiring a FC attorney to stall the process. I was going to do that once the LP is filed. I have asked my attorney about the violations and he said if I get anymore "collecting type" letters to fax them over.

Thanks for the advice.

[StEt0417]

Do you intend to stay as long as possible? If you do, I suggest hiring a FC attorney to stall them. That is what did it for us. The BK will stall them for another 2 months but they will request a lift of stay and that will be granted. I filed BK7 in September of 09. They request the lift of stay 12/22 I believe. I was discharged January 5. Received LP notice April 7, 2010. That was a good 6 month delay right there.

The way my lawyer explained it, was that the more work they have to do to fight with you on the case, the lower in the pile your file goes. They want the easy cases first because they get paid on a flat rate. Once you exceed that flat rate amount, it cost them money to continue fighting so you get pushed aside. It made sense to me. Not sure how much of that is true, but I am sitting here 2+ years of no payments. It was the best $1500 I spent on a lawyer. I am prepared for it to start up again anytime though.

I still receive monthly statements from my loan servicer. Last one was $32k I owe to bring it current. I laugh every month I get one of those in the mail.

One thing separate from the FC process. If you havent been discharged from the BK7 yet, ask your lawyer if he/she pursue credit violations form the BK after discharge. I made $2800 total cash from those after lawyer fees. Paid for the FC fees. Just a thought.

You hired FC lawyer to fight Fc before or after BK? We are thinking of filing BK now and then have lawyer fight FC. However we were already served with lis ped a year ago and havent heard anything from the bank. I want to file BK now just to get over with that way we can save money without it being an issue.

[cory1848]

You hired FC lawyer to fight Fc before or after BK? We are thinking of filing BK now and then have lawyer fight FC. However we were already served with lis ped a year ago and havent heard anything from the bank. I want to file BK now just to get over with that way we can save money without it being an issue.

After. I received the LP 4 months after my discharge. If you already were issued the LP and you didn't respond within the 20 days, you might be SOL on stalling. In your situation, I would wait until something moves with the suit. File BK a couple days before auction. Best to talk with an attorney for best course of action.

[lookinupn09]

Unfortunately, you will not likely be able to buy another home until that one is actually foreclosed upon, and then another 2-3 years has elapsed since the foreclosure (or short sale). It seems that Bank of America foreclosures have slowed to an absolute crawl, with hardly any active foreclosures.

I'm pretty certain that this was due to the so-called robo-signing and significant fraud related to foreclosures in Florida. The Florida Attorney General has already settled a lawsuit with one of the attorney firms in Florida and still has prosecution moving on several others, related to the foreclosure mess. Additionally, the State of Florida has shutdown the foreclosure courts so the foreclosures will be even more slow at this point.

I figure that once you are actually in foreclosure proceedings, you can probably delay it a year.

Just Broke,
I couldn't agree with you more. My situation is going to the settlement conference finally after 3 years. They, the bank, will be required to bring 'the note', and all pertinent documents, including the evidence of the documents being accurate. (I'm in NY) After answering their complaint with a 23 paragraph response, basically claiming they do not have standing, self dealing, fraud and of course, the robo signing debacle, (mine had one person as VP of both banks on the same day) it should be interesting to see how they proceed, and if the judge present looks over any of the paperwork.
Thanks for your help along the way!

[StEt0417]

After. I received the LP 4 months after my discharge. If you already were issued the LP and you didn't respond within the 20 days, you might be SOL on stalling. In your situation, I would wait until something moves with the suit. File BK a couple days before auction. Best to talk with an attorney for best course of action.

At the time we had an attorney file a response, then 4 months latter we realized the office was charging so much money, compared to other attorneys, so we canceled our services with the office and haven't hired a new attorney. .

[freeme0215]

I had a Chapter 13 modification confirmed on Aug 12, 2011. in the modification I surrendered the house.

There is nothing on the county website has to any action on the part of the mortgage company(I have LBPS)....

As far as time line, what can i first expect? As I surrendered the condo..will they have to file for a relief of automatic stay? will I be notified of this petition for relief?

How long after the relief is granted will I see action?

Can the fact that I have HOA not paid to the condo association effect the timeline?

Thanks

[cory1848]

Update - After 11 months of not hearing anything, Today I checked the docket and there is an entry of "NOTICE OF LACK OF PROSECUTION" I assume I will be receiving something in the mail, but any idea what this means in the long term? Anyone ever got one of these?

From my quick research, I found this. http://www.jud6.org/LegalCommunity/L...9/2009-027.htm

From what I am seeing, it basically is a notice from the court for the mortgage company to either put up or shut up. I am sure this will wake the sleeping giant. I was under the impression that the firm handling my case was one of the firms being investigated by the state for fraud. I don't believe those cases have been settled yet, but I am not sure. If they haven't, I can only assume they wont be by 60 day time limit this order gives to respond.

If nothing is heard at all, Does this mean my case would have to start completely over if they were to pursue?

[justbroke]

The Notice is basically telling the plaintiff, lender, that they need to send something to the Court to convince the court that the lawsuit should continue. The lender's attorney usually does answer this and it resets the clock.

If the case is dismissed for lack of want of prosecution, then the lender would need to start ALL OVER... including a new Notice of Deficiency.