Florida Foreclosure timeline

[cory1848]

Monthly update... Still nothing has happened. No movement in the court system at all. My dilemma now is whether or not I fix things up that need to be fixed so I can stay another possible year. My drainfield is shot and needs replacing. Will cost about $2500 to fix. Without that, I have been getting my tank pumped every 3 months when it backs up at a cost of $200 each time. Originally though that I would just consider that a rent payment at $200 every 3 months, but if we are staying for a good while saving money, would it make sense to fix it? It would be 2 months rent some place else at $1200 a month. I just don't want to throw away money. What to do....

[tim1]

Update: Nothing has happened for the last 2 months. No new lawyer firm has taken over the case. Once David Sterns firm withdrew, nothing has occurred. I look at the county docket every few days, nothing. Exactly 2 years now since last payment. Can I make it to December for 2 1/2 years???? Tim.

[Cherinfo]

Update: Nothing has happened for the last 2 months. No new lawyer firm has taken over the case. Once David Sterns firm withdrew, nothing has occurred. I look at the county docket every few days, nothing. Exactly 2 years now since last payment. Can I make it to December for 2 1/2 years???? Tim.

13 months for me. I had the Firm Ben-Ezra and Kratz working on our case. As far as I know there is no new lawyer since Fannie Mae fired them. I also check every week and it is still showing as fired firm handling the case.

[cory1848]

Another month gone in the wind... Nothing happening at all. August will be my 2 year mark of no payments.

[freeme0215]

I am in a condo in Southern district

Here is my story:

Last mortgage payment: Feb 2010
Filed chapter 13: July 2010
Confirmed: Sept 2010
Mortgage Sold to LBPS : Nov 2010 (Citimortgage orginal)
Made payments to LBPS from Nov 2010 to April 2011
Filed a modfication on Ch 13: June 2011

I neeed to surrender the home as my income has decreased so that is the reason for the modification of CH 13..
I am now wanting to hear on my BK modification

LBPS is basically a debt collection agency as noted on the bottom of their paperwork they send me...has anyone dealt with them?

The notice to them that I am surrending the condo will be given to them at the time of the confirmation of the modification.

For timeline purposes, what I am looking at as far as foreclosure as I was paying from Nov to April on the mortgage and then stopped once again....do they go back to the 1st time I stopped paying, which was Feb 2010?

There is a Lis Pendens listed but it is from the 2nd mortgage, Wells Fargo...just the other day they sent me a letter stating they were not going to pursue the 2nd anymore....

ALSO, the HOA fees, I have not paid since March 2011,what are my options with them?

I read all 9 pages of this thread....great info

Thanks

[DeadManCrawling]

Nothing to report here. We received three more FedEx packages with offers to mod our mortgage in the last month. We have not made a payment since December 2007. Lis Pendens filed, but no other action. Pasco, FL with BoA.

[JvilleGarden]

Jacksonville / Duval County

We filed Ch 13 in late 2008, that case was dismissed, as we were unable to make the payments.
We refiled Ch 13 4/28/2010, surrendering both vehicles and the house. This was converted to a Ch 7 on 11/23/2010
Ch 7 was discharged on 3/11/11.

According to the Notice of Default we received today, the last payment was made on 2/1/2010. This is the first communication we have had with the mortgage company since filing the BK.

What kind of time frame are we looking at before we have to leave? Any ideas? Also, I cannot find the Duval County court's website to see the status (if any) for the forclosure. We are wanting to stay for another year, and then move on. Does that seem possible?

Thanks for your input...

[justbroke]

For Florida, you have about 650 days from the time of the default. Since your default notice is basically 2/1/2010, you could potentially stay there until about 12/31/2011. With how everything is going in Florida today, and because the "default" letter is over a year "late", I'd say you have until at least 6/30/2012 depending on when the lender actually files a lis pendens and this ends up in court.

So, the answer is: I don't know. I can only speculate that you have at least another year in your place depending on when the lis pendens is filed and how you answer that lawsuit.

Also, there is no suit (lis pendens) filed yet. You have only received a notice of default with an acceleration notice. If you read that notice, you should see a date to cure. That "cure" date will typically be 30-60 (or even 90) days from the date of the notice. If you don't cure by then, the process just starts! It "may" be sent to an attorney immediately and they may or may not file a lis pendens immediately. If they are on top of the ball, you're talking 90-120 days before a lis pendens is filed (that's 3-4 months). Then, it takes at least 7 months (normally) in Florida to foreclose. That makes the process 10-11 months alone if all was done today and you don't file a response to the foreclosure. You can stall the foreclosure by hiring an attorney ($1,500 or so in Florida) to challenge the foreclosure. This will add at least 6 more months to the foreclosure process and maybe even 12 months.

So, again, it depends; however, I can see you being there 12 more months anyhow.

[cory1848]

Monthly update... Nothing to report. Still here and still waiting. I have gone from checking the county boards everyday to just once a week now. Not worrying about it. When it happens, it happens. Not expecting it anytime soon though.

[Cherinfo]

I am a bit confused on what is happening in my case the plaintiff's counsel 's EX Parte motion too withdraw was denied????? They have Ben-Ezra & kratz .. I don't know if that is good or bad for us.

[JvilleGarden]

08/11/2011 update

Yesterday in the mail, we received a notice that our account has been referred to an attorney with instructions to proceed with the foreclosure. Law Offices of Daniel C. Consuegra in Tampa, FL, so it looks like they still haven't even started the foreclosure process, and our last payment was Feb, 2010. I will post updates on our situation as things change. Since it seems to be a slow process, we're living rent free and saving our money, biding our time until the foreclosure happens.

[jjim120]

Good info. Across the nation there are developments like you mention that the banks pulled the plug on in midstream, some of them nearly finished and some with the properties under deposit. The banks (and Congress and the fed economists) panicked when the downturn started. They didn't bother to think through the unintended consequences of deliberately crashing the real estate markets by foreclosing without cause, causing the destruction of much of the small business sector that provides jobs to more than half of us. Had TARP money actually been used to evaluate and control those excessive lending practices by certain banks, to shore up the loans that were not in trouble but the banks couldn't fund, I believe today's picture would be a lot different.

{of course, we probably wouldn't be in this situation at all had Glass-Steagall not been repealed in 1999.}

[cory1848]

Monthly update... Today marks the 24 month period since I have made my last payment. Still nothing has happened in my case. Just sitting here waiting. I have been paying off bills and not really worrying about much. I have a few grand socked away for moving day and then a small emergency fund but other than that, I have been been working on getting debt free. My goal is to get both vehicles paid off before I have to move. I have already applied $8k to one, and $4k to another. Once those get paid off, then stacking that remaining money towards $35k in student loans, then I am home free. I would have never been able to get this far if I decided to keep my house. As bad as people tend to make this out to be, it has really turned into the best financial decision I could have possibly made.

I have no idea when things will start to move again, but I imagine I have a good chance of being here another year.

[Floridagail]

We are still sitting her since 6-2010 with no pmts made, The BOA sent another mod package first of Aug. We did not send it back. They have sent about 4 packages since Aug last year. We are in Polk county. Most people in our subdivision moved and did short sales on there houses, about 90% of our homes have been resold, a few still sitting her empty and broke into. we plan to just sit it out , why move. One of them did shortsale and waited to long to pick up the ref and microwave , they went over there right 2 days b4 closing and the bank had let the new people move in and they refused them entry locks were changed. At the closing they asked the bank for the stuff and the bank said no way too sad too bad, something to do with no Mortgage P Insurance, they offered to sell them there stuff.
They went ahead with the closing I would of said forget it... They had already bought another home somehow in winterhaven.

[tim1]

2 month update. Tampa. There has been activity on the county docket. A new firm is on board, Gladstone and Co out of SE Florida.

They have reset the sales date to August 31st. My house was orginally scheduled to sell last November but was cancelled due to david stern robo signer. It looks like I will be forced to finally file my ch7 bankruptcy to avoid foreclosure.

3 years ago our small business started slowing down due to the beginning of the recession . Told my wife we will not be able to keep paying $2,300 per month for large house. We saved up 1/2 monies and cash advanced 1/2 monies to buy foreclosed condo 7/09, much closer to business. Stopped paying mortgage 6/09. We now own condo outright and will give back house in ch7.
Attorny assures us we will be able to keep equity in condo as 1/2 was from wages and 1/2 was cash advance that I paid back $600/month for next 14 months.

Will file ch 7 next week so there is about 7 days prior to foreclosure sale for bank to get notice. This will let our son continue to reside there for another 4-7 months as our assest case(2 paid off cars) goes forward.

On county docket it looks like citimortgage is starting to bring cases to a close. I see many citimortgage foreclosures coming to the end, where as 1-2 months ago there were 0 cases every week.

Good luck to everyone else who is trying to get 1-2+ years out of the timeline. I will update how ch7 goes, and if anyone questions equity in condo. Tim.