Florida Foreclosure timeline

[cory1848]

Update - Today I received in the mail the Motion for Summary Judgement with hearing from the attorney. County site hasn't updated yet but I expect it to in the next couple of days.

Now I get a little unsure of where things go. I assume this motion gets sent to the court and the court will have to set a date? How soon will that date be set?

Once the motion is granted, I am guessing 30 -60 days until sale and it being over. Is that a good estimate?

[Floridagail]

Sounds right to me., I would say at least 30 days, our friend his auction sale date was set and his attorney told him to move his stuff out right before the sale date, but it could get delayed or cancelled. Keep us posted my friend.

[DeadManCrawling]

Cory,

What county? We are at 4.5 years, will be 5 this fall. No payments, and nothing other than an acceleration letter. Ours is with BoA/Countrywide, and we wish they would get moving. The house may be unsalvageable at this time, though, after all those years of summer steam.

We are in Pasco. It's really too bad, about our place. It was worth 700k at the peak, but could have sold for 400-500k even 3-4 years ago. Now, it is worth maybe 180k, if lucky, based on other properties and its condition. I haven't been inside since 2 years back and it was beginning to smell quite bad, mold, and really not look good.

[TDE]

My Lis Pendes was filled Dec 2011. I stopped making payments Aug 2011 -I was hoping for another 6 months before eviction. The mortgage company PHH stated they will give me 3000 for cash of keys. I turned it down. Does anyone else have PHH in South Florida area and if so what is the average time from Lis Pendes to eviction.

On a positive note BK discharged 01/11 and my FICO score just hit 700. I have 3 credits cards and a car loan since BK and I only have 1900 total in charges, that I will pay off in a month.

I do not have an attorney.

[Floridagail]

We also got our LP 11-30-2011 from BOA . We plan to move out right b4 the auction date, Still no hearing to get summary judgement. So hoping they drag it out longer, No pmts since May 2010.

[scooter6251]

I found out on the county clerk's website that a LP was filed on our FL house last week. Since we now live in another state, do they have to serve us in person, or does certified mail work? If in person, will they likely use local Sheriff Dept or a process server? Our BK 7 discharge was 1/11. First payment missed was 8/10, not even 2 years yet. Seems like they are moving a lot faster than most I read about. The bank is GMAC

[tobee43]

I found out on the county clerk's website that a LP was filed on our FL house last week. Since we now live in another state, do they have to serve us in person, or does certified mail work? If in person, will they likely use local Sheriff Dept or a process server? Our BK 7 discharge was 1/11. First payment missed was 8/10, not even 2 years yet. Seems like they are moving a lot faster than most I read about. The bank is GMAC

they are most likely moving faster because you vacated the house in flordia and there has been a real push here to get those houses "moving".

did you list the mortgage and house on the bk and if so, surrendered? or how was it listed? if the mortgage was discharged, i have heard both ways happens, some are served, even in other states and others do not heard a thing and it just goes up for sheriff's sale, deed is transfer and the end.

remember if you listed the mortgage and it was included with the discharge you are no longer financially responsible so there is really not much to be concerned about and it's actually good news that your name will be off the deed.

[scooter6251]

they are most likely moving faster because you vacated the house in flordia and there has been a real push here to get those houses "moving".

did you list the mortgage and house on the bk and if so, surrendered? or how was it listed? if the mortgage was discharged, i have heard both ways happens, some are served, even in other states and others do not heard a thing and it just goes up for sheriff's sale, deed is transfer and the end.

remember if you listed the mortgage and it was included with the discharge you are no longer financially responsible so there is really not much to be concerned about and it's actually good news that your name will be off the deed.

Hi Tobee, nice to hear from you. Yes, house was listed and discharged. We've had a renter there most of the time so the house is in good shape. And GMAC knew we had a renter/caretaker. I hate to lose the small income we had, but I am glad to get it out of my name. Makes it possible to be able to buy a 'last' house before I'm too old to mow it :-) If they move without any delays, how long will it take for the sale & deed transfer.n.

[tobee43]

Cory,

What county? We are at 4.5 years, will be 5 this fall. No payments, and nothing other than an acceleration letter. Ours is with BoA/Countrywide, and we wish they would get moving. The house may be unsalvageable at this time, though, after all those years of summer steam.

We are in Pasco. It's really too bad, about our place. It was worth 700k at the peak, but could have sold for 400-500k even 3-4 years ago. Now, it is worth maybe 180k, if lucky, based on other properties and its condition. I haven't been inside since 2 years back and it was beginning to smell quite bad, mold, and really not look good.

i know what you mean, i don't know if you saw this post: http://www.bkforum.com/showthread.ph...054#post572054

but it looks like some of the banks are just walking over some of the houses that may have lost all their value. i still don't have a clue. (although we now live in florida, that property is located in nj).

i'm curious as to know why they are doing basically the same thing with your house although a different bank.

[tobee43]

Hi Tobee, nice to hear from you. Yes, house was listed and discharged. We've had a renter there most of the time so the house is in good shape. And GMAC knew we had a renter/caretaker. I hate to lose the small income we had, but I am glad to get it out of my name. Makes it possible to be able to buy a 'last' house before I'm too old to mow it :-) If they move without any delays, how long will it take for the sale & deed transfer.n.

nice to c u to scooter!

it's hard to say how long it can take before the sale. i don't know which site you found the list on, but that site should also let you know the date of the sale and usually for other's posted you can see how quickly they are moving with the sales. if it goes up as scheduled and the bank buys it back it can really quick.

wow, how are you claiming the income from the rental on that property on your taxes?

[scooter6251]

nice to c u to scooter!

it's hard to say how long it can take before the sale. i don't know which site you found the list on, but that site should also let you know the date of the sale and usually for other's posted you can see how quickly they are moving with the sales. if it goes up as scheduled and the bank buys it back it can really quick.

wow, how are you claiming the income from the rental on that property on your taxes?

I found it doing a records search on the county clerk of courts site under new filings for May. The property management co. sent me a 1099 for the income and expenses. The tax preparer included it on my 1040. I tried to get GMAC to take a DIL about 6 mos ago & told them about the renter. Said they knew it because the house was looked at monthly to see if occupied or if they needed to take over maintenance on it. Seemed to be glad they didn't have to maintain it. Our BK atty said the rental was OK as long as we used a PM company and disclosed to renter that foreclosure was pending.

[tobee43]

oh that is good then! great that you had income coming in as well.

i hear you about the DIL, chase would have no part of one yet we had another mortgage they did it immediately.

[Floridagail]

Our Lp was 11-30-2011 and no action since, so that being filed really means nothing until they get a hearing for Summaryjudgement. We were hoping to be out of our house by June, tired of whole mess of wondering when, we understand we have about 60 days from summary hearing date, If the house is empty, you may not get any notice delivered to you. Our stepson has home he left in 2007 in hernando county , Lp filed I believe 2008 no action since still sitting empty and abused by the last renter.

[cory1848]

County website updated today to reflect the Plaintiffs MSJ. Now sit and wait for court to issue a hearing date.

[Floridagail]

Keep us posted.