Florida Foreclosure timeline

[tobee43]

i'm not getting them either cory. it must be a glitch of some sort?

[Howeasy]

Update from the Middle District

Seasons greetings to all our Florida Foreclosure Brethren.
We are in Seminole County. Chapter 7 discharged 03/10, Lis Pendens dated 08/10, and not a peep since. We are still in the house and are really ready to move on. We received a "Motion For Default" in the mail Thursday. We are hoping this means we are close to the end. Any sense where this puts us in the process?

[Floridagail]

We received notice of default, way before the LP notice. But it definately means they are starting to move on your process. What does it show on the county records site, I look once a week for updates. We went to see attorney yesterday, He told us not to move until after Sale Date.

[Floridagail]

Do you mean motion for summary judgement?

[Howeasy]

Floridagail
Thanks for the reply. The document is titled: "Motion For Default". It reads,"Plaintiff moves for entry of default by the Clerk against the Defendants (us, HOA, and 2nd Mortgage holder) for failure to serve any paper on the undersigned (Plaintiff's Attorney) or file any paper as required by law.

Supporting docs include Return of Service referencing being served for LP back in Aug of 2010, Affidavit Of Service for the LP, and Affidavit as to Military Service.

[DeadManCrawling]

I am not sure the Motion For Default means much. I seem to recall receiving a few notices about the same thing.

The Motion For Default WILL result in the bank having the power to take the house. But it does not mean they WILL. That is sort of where we are, and have been for over 5 years. They can win all the way to the end, and then decide to leave the title in YOUR name, until some obscure time in the future when they feel like taking it over. This could be because of insurance issues, servicing fees they receive, HOA issues, real estate sales in your area, or any number of things. Heck, it seems like it might depend on who gets a good latte' that day from Starbucks. There is no method to this madness, as far as I can tell.

Good luck!

[Floridagail]

We got notice of Hearing for February, so we went to see attorney, It seems to our surprize, He thinks Hubby can file a chptr 7 we will see. If we can, it will be because BOA boosted our housepayment up 450.00 this year. The insurance they bought cost 300 a month more. We took all the paperwork see what happens. That would delay our forclosure for at least 4 months. Discover filed suit (after 30 months) so we had to move on the bankruptcy. We had hoped to make it another year until retirement. We told the attorney He could just retire and wait 6mos, He said no do not quit your job. We can make this work. We will see.

[Howeasy]

Deadman,

Thanks for your reply. Unfortunately you are probably right. I just googled "Foreclosure Motion For Default". A legal advise column popped up with this response, "It means that you did not respond to the Summons and Complaint within 20 days, so now the Plaintiff is asking the court to preclude you from raising a defense. Unless you really don't care what happens, you should get to a foreclosure defense attorney."

It looks like this Motion is something we should have received shortly after we failed to respond (on purpose) to the LP over 2 years ago.

[Howeasy]

Floridagail,

I hope this works out well for you. BK / Foreclosure slamming up against retirement can be nerve-wracking. Been there, and be assured that it can turn out well. The waiting for FC completion can be annoying but the savings are very helpful. We're just ready to move on. Hang in there.

[Floridagail]

Thanks, We have been ready to move, Severe dislike for our slob neighbors, still many homes in our sub going into forclosure, But the news says its over in florida.

[DeadManCrawling]

Another note for those who do not know, or future readers:

In most districts, a case has to stay "active" to continue to be on the docket. If it does not, the bank has to restart at the very beginning, which can grow costly.

Simple motions can be used to keep a case "active" without actually proceeding to a meaningful conclusion.

Example: We received 6 GIANT packets of paperwork from the court here in the Florida Middle District. I got a bit excited. Surely, all those dead trees and stacks of papers meant BoA was FINALLY going to finish the foreclosure. Right?

Nope. It was a combined 450 pages or so of previous filings. It had ONE purpose, and ONE purpose only.

After reading way too much, I discovered the whole reason for this pile of paper was to inform us and all interested parties that ONE partner at the bank's law firm had a new email address. It seems a shame to see that much waste and loss just to keep a case "active".

The mailing fee for each of the packages was in the range of 8 or 9 dollars.

What a waste.

[Floridagail]

DeadMan,
I receive the same garbage, they probably are billing all those fees to me. I use to stress out, now I just chuckle when I get something.

[deedeecfl]

We got notice of Hearing for February, so we went to see attorney, It seems to our surprize, He thinks Hubby can file a chptr 7 we will see. If we can, it will be because BOA boosted our housepayment up 450.00 this year. The insurance they bought cost 300 a month more. We took all the paperwork see what happens. That would delay our forclosure for at least 4 months. Discover filed suit (after 30 months) so we had to move on the bankruptcy. We had hoped to make it another year until retirement. We told the attorney He could just retire and wait 6mos, He said no do not quit your job. We can make this work. We will see.

Just an update: our Motion for Summary Judgement hearing was today (we did not attend since we don't want to delay the process). The county already updated their website. The foreclosure sale is set for early March.

[Floridagail]

DeeDee
Thanks for update, we are still waiting to see if chptr 7 is possible for hubby. It will be close call. TO delay ours if possible another couple months.

[Howeasy]

DeeDee
Glad to see some foreclosures are moving along in Central Florida. We just received another piece of mail from The Plaintiff's Attorney, Marshall C. Watson, P.A. It is a "Plaintiff,s Witness And Exhibit List", stating that it is being filed with the Clerk of the Court. Did you get one of these before your hearing date was set? We hope that this is an indication that our foreclosure is also moving forward.