Florida Foreclosure timeline

[BananaCabana]

Can you tell me how far out the date is for the MSJ hearing from when you got the notice? I am trying to gage the amount of time I will have from getting that notice to the court date for the MSJ.

Thanks

I'm sorry cory1848. You asked me that before but I didn't answer specifically. I received the notice in the mail on Friday, November 4th. I do not see a date as to when they actually filed this nor is is showing up in the public records at the county clerk's website. The date for the hearing is scheduled for 2.5 weeks after I received it. This time it has only my husband and myself as the defendents. I never did receive anything, like you did, about dropping the imaginary defendents that were listed on our lis pendens. Now the notice states; "A true and correct copy of the foregoing has been furnished by US Mail to all parties listed on the attached service list on this 31 day of October, 2011". It has myself listed as the defendant, et al. It came in an envelope in my husband's name yet it has me listed as the defendant, et al. We have not received any other copies so how can they say that it was sent to all parties listed? It is only coincidence that my husband and I happen to live in the same dwelling which is not the address they sent the notice to. It had to be forwarded to us by the USPS which is luck upon itself as the forwarding service is only for a year (I thought) and it has been more than a year since we moved out.

[cory1848]

I'm sorry cory1848. You asked me that before but I didn't answer specifically. I received the notice in the mail on Friday, November 4th. I do not see a date as to when they actually filed this nor is is showing up in the public records at the county clerk's website. The date for the hearing is scheduled for 2.5 weeks after I received it. This time it has only my husband and myself as the defendents. I never did receive anything, like you did, about dropping the imaginary defendents that were listed on our lis pendens. Now the notice states; "A true and correct copy of the foregoing has been furnished by US Mail to all parties listed on the attached service list on this 31 day of October, 2011". It has myself listed as the defendant, et al. It came in an envelope in my husband's name yet it has me listed as the defendant, et al. We have not received any other copies so how can they say that it was sent to all parties listed? It is only coincidence that my husband and I happen to live in the same dwelling which is not the address they sent the notice to. It had to be forwarded to us by the USPS which is luck upon itself as the forwarding service is only for a year (I thought) and it has been more than a year since we moved out.

2.5 weeks? Holy moly. I was expecting 2.5 months. Thats not good.

So this date is for the MSJ hearing? If MSJ gets granted, that means your house sale date is about 30 days past that? If that is the case, things are moving a lot quicker than I expect. Thanks for the info. I am thinking with that info, once I receive that notice, I have 2 months to get out. Ouchy.

[BananaCabana]

If it helps, the paralegal told me that once they sold the house at auction they would then serve an eviction notice. (At least, I assume it would be done AFTER the sale) That eviction notice would give the tenant(s) about 10 days to move out.

It does seem, that although we have the same law firm representing our mortgage holders, they are doing different filings for different mortgages. We have received things you haven't and you have received things we have not. No rhyme or reason to it.

[cory1848]

If it helps, the paralegal told me that once they sold the house at auction they would then serve an eviction notice. (At least, I assume it would be done AFTER the sale) That eviction notice would give the tenant(s) about 10 days to move out.

It does seem, that although we have the same law firm representing our mortgage holders, they are doing different filings for different mortgages. We have received things you haven't and you have received things we have not. No rhyme or reason to it.

I want to avoid the eviction process, be out right at or just before the sale. I was hoping for some type fo Cash for Keys program, but not sure that will happen. Anyone know a way to initiate that? Are banks still offering that?

Can you update back once you have that hearing? I would like to know the outcome and the timeline of the sale date after that hearing.

Thanks so much!

[BananaCabana]

I am not sure what I will be able to tell you other than when they set the sale date. We won't be attending the hearing, per my lawyer's office, but rather going ahead and filing the BK. So the outcome of the hearing will, no doubt, be that they win the MSJ, put the house up for auction/sale and then be on automatic stay due to our filing. Then they will either have the stay lifted or just wait to "claim" our house when our BK is done in about 6 months.

Either way, I will definately come back with updates. I just can't seem to stay away from here! ;)

[cory1848]

I am not sure what I will be able to tell you other than when they set the sale date. We won't be attending the hearing, per my lawyer's office, but rather going ahead and filing the BK. So the outcome of the hearing will, no doubt, be that they win the MSJ, put the house up for auction/sale and then be on automatic stay due to our filing. Then they will either have the stay lifted or just wait to "claim" our house when our BK is done in about 6 months.

Either way, I will definately come back with updates. I just can't seem to stay away from here! ;)

Just having the time between the MSJ hearing date and the sale date info would help a ton. We are not fighting this anymore either, but just trying to figure out how much time we have left so we can pack up and prepare. Thanks!

[Martha31]

Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.

http://www.mortgageservicingnews.com/dailybriefing/2010_471/fla-clerk-del-ag-sue-mers-1027375-1.html#.Trm_SSxjslk.twitter

[cory1848]

Jim Fuller, the clerk of Duval County, filed suit against Merscorp Inc. and its wholly owned subsidiary, Mortgage Electronic Registration Systems, Inc., on Oct. 31, claiming civil conspiracy, unjust enrichment, as well as fraudulent and negligent misrepresentation. The suit also seeks a hearing to determine the validity of tracking note transfers on the MERS System and a court injunction to prohibit the use of MERS in Florida.

http://www.mortgageservicingnews.com...Sxjslk.twitter

Thanks for the posting. Not sure how this would effect any cases here specifically. Would this delay things further?

[freeme0215]

I am in a chapter 13 and I have decided to go to a Ch 7, as I can no longer afford the ch 13 payments...I have not paid my HOA fees since April of this year....They have filed a lein on the condo. The condo is not in active foreclosure by the bank as of yet.

HAs anyone dealt with HOA and the process of placing a lein and what happens next?

I have been reading that the HOA are going after the owners by foreclosing before the bank does and then having the bank when they foreclose pay back the HOA fees....

I stopped paying on the mortgage in April also and no legal work has been done by bank, but now this lein by the HOA...

Thanks

[cory1848]

I am in a chapter 13 and I have decided to go to a Ch 7, as I can no longer afford the ch 13 payments...I have not paid my HOA fees since April of this year....They have filed a lein on the condo. The condo is not in active foreclosure by the bank as of yet.

HAs anyone dealt with HOA and the process of placing a lein and what happens next?

I have been reading that the HOA are going after the owners by foreclosing before the bank does and then having the bank when they foreclose pay back the HOA fees....

I stopped paying on the mortgage in April also and no legal work has been done by bank, but now this lein by the HOA...

Thanks

Do you plan or want to stay in the house as long as you can? If so, I would catch up on those HOA fees. If not, I have read they can foreclose rather quickly as it doesn't have to go through the court.

[Freddy03]

Do you plan or want to stay in the house as long as you can? If so, I would catch up on those HOA fees. If not, I have read they can foreclose rather quickly as it doesn't have to go through the court.

When my HOA tried to FC back in 03 - it went thru the court. LP was filed and we hired an attorney to stop it. I'm not sure if things have changed since then.

Also just FYI: for Floridians - I read yesterday that foreclosure timeline is up by 10% pushing the average foreclosure time to over 740 days.

[cory1848]

When my HOA tried to FC back in 03 - it went thru the court. LP was filed and we hired an attorney to stop it. I'm not sure if things have changed since then.

Also just FYI: for Floridians - I read yesterday that foreclosure timeline is up by 10% pushing the average foreclosure time to over 740 days.

That may be the case, I don't have much knowledge with that. I do know that the timeline is a lot quicker if the HOA forecloses. Interesting to know on the 740 days. I saw on the news that banks were also trying to speed things up to get as many cases through as possible before the end of year for tax purposes. Should be an interesting 2-3 months coming up.

[freeme0215]

WHy does HOA not hav to go thru the court system if they file a lein?

[justbroke]

WHy does HOA not hav to go thru the court system if they file a lein?

In most States, especially Florida, the HOA doesn't need to file a lien. They have a statutory "super-priority" lien that trumps just about everything! An HOA's last resort is always to just foreclose on it's statutory lien.

[freeme0215]

Can I include the HOA as a creditor when I convert to a Chapter 7 from a 13?