Florida Foreclosure timeline

[kmattin]

BOA filed in the court and papers served. My attorney is preparing an answer as we speak.

[Floridagail]

Glad you have a attorney on your side. keep us posted.

[scooter6251]

Gail, I just saw on court site where atty for GMAC filed "Original Note & Copy of Recorded Mortgage" on ours. Maybe they are going to complete the FC, we hope, we hope. LP was filed May 2012. Maybe it will be over by summer. That would be soooo nice

[Floridagail]

scooter
I think your right, they are moving right along. the hearing date should be coming soon for them to get their judgement to take the house to auction.

[sh1035]

1-22 MOTION FOR SUMMARY FINAL JUDGMENT

this is new on my case. What now, as I understand it I still get a court date?
Its scheduled for 2-12
Then was expecting the sale 30 days from then so planned on moving 3/1
Is this about right? Thanks.

[Floridagail]

In your case I would wait for Auction date to see how far out and move after taken out of your name. I bet you will be relieved as I will be.
In my case, Our Hearing is Feb 7, so we expect a date of March for sale. We plan to stay until it is out of our name, which will be April most likely.
They could cancel auction, etc, we will see. We have not started looking yet for a rental. Hubby is discussing with attorney about filing a 7 in his name only on Feb 5, if all goes well. We will see.

[DeadManCrawling]

An update from Pasco County Florida, for those who are new or just beginning:

We are approaching 6 years or so of no movement except a Lis Pendens. We stopped paying and received a LP 18 months later. Since then, nothing but some motions to keep the case active. BoA has now gone through at least 5 different attorneys without proceeding. We have not paid the HOA. They have placed a lien against the property and informed us they will not be coming after us.

Our case seems very long by any standard. More so because we have done nothing to slow the process and have not lived in that house for almost 3 years now. It is a total mess, filled with stench and mold, and falling apart. Damp drywall and insects everywhere. Too bad, as it was gorgeous, a 6 bedroom Mediterranean style home, about 6k sq foot in a gated, wealthy neighborhood. It must be driving the neighbors crazy.

I hope they move soon, but previous experience says they won't. No idea why.

Best wishes,

-dmc

[Floridagail]

Interesting DM, My step son has property and small house in Hernando he left in june 2007, It is overgrown in middle of Withlacochee River forest. National City Bk has refused 2 offers of 50K shortsales, for the place. I would not give you 10.00. It is 2.5 acres. But the road into the sub floods out when it rains like 6 ft for weeks. It amazes me people still buy out there. They got taken by the seller. They were able to buy 15 acres in Ga cheap owner financed. So they keep hoping this will get forclosed on.

[tmoschetto]

Back in March 2012, I saw the plaintiff had made a Motion for Summary Judgment and Hearing in my foreclosure case -- I thought FINALLY things are moving along, but no. They filed an affidavit of attorney's fees or something like that in July of last year and then no other entries.

I was at a restaurant the other night and heard one of our local attorneys saying she had gotten tired of waiting for the plaintiff to finally move and foreclose on one of her client's cases so she made a Motion to Expedite Foreclosure herself. I thought to myself, why don't I just do that? So last Wed. I filed a Motion to Expedite Foreclosure and just got the Hearing Notice in today's mail. It's on February 27th, and the issue says Defendant's Motion to Expedite Foreclosure / Plaintiff's Motion for Summary Judgment.

The hearing is only scheduled to be 5 minutes. I'm guessing all I need is to tell the judge that I surrendered the condo in bankruptcy in 2010, the plaintiff filed their case up through the Motion for Summary Judgment and then just stopped the process. I'm struggling to keep paying the condo association dues because they're running a shortfall and now dues are due plus there is a special assessment every time I turn around for something unexpected that needs to be fixed.

I'm nervous because even though I did my bankruptcy pro se, I'm very uncomfortable with court proceedings when I don't have a clue what I'm doing. I'm just hoping the judge approves the plaintiff's motion, we wait the number of days for the Final Judgment and then on to the sale and deed transfer to get this albatross off from around my neck.

I guess my question is has anyone not only not fought to delay their foreclosure, but petitioned the court to fast track it?

[Floridagail]

Interesting, Are you planning to go,, or just wait for the final judgement to move forward on court records. Keep us posted.

[tmoschetto]

I think I have to go since I asked for the hearing. I dread going, but I'm more afraid of not going and messing something up. I just want the judge to be annoyed with the bank because they pushed and called and threatened me when I was having financial issues, adding to the reasons I filed bankruptcy. Now that I am 3 years out from my supposed "fresh start", it still hasn't started because now they drag their feet. If I were a judge, I'd be pissed to have cases like this that are completely uncontested tying up the dockets -- it should have been done in 6 months from start to finish.

[Floridagail]

Well good luck, keepus posted.

[tmoschetto]

Just called an attorney who is on our local access channel as a consumer advocate. Figured I'd find out if there is certain precedent I can cite at my hearing or if I just say it's unfair for the bank to cherry pick which ones they do/do not want to foreclose on. My plan was to say my bankruptcy was discharged in 2010, no payments since then, bank has paid property taxes but not condo assessments. Where is my fresh start from filing bankruptcy? Condo dues plus special assessments are at almost $10,000 during this time. So mortgage company filed all the paperwork, tied up the courts and then the last thing they did last March was make a Motion for Summary Judgment (but here in our district, they call to schedule their own hearings, which never happened), and so it sits until now. So I filed the motion to expedite and received the notice of hearing on my motion to expedite / their motion for summary judgment, but now I don't know what to say or do when I get there. I called this attorney, and she wants $500 just to talk to be on the phone. Shoot, I'd rather take my chances in court!

[Floridagail]

I am not sure you even need to go, I guess you could say, I want this back in Banks name. But the process requires lots of stuff done behind the scenes to go thru. If the mortgage bank has summitted all the necessary documents, it will go thru if not it probably will not.

I saw Bob Massey attorney on Fox channel the other morning, He was saying some clients have to hire attorney to do a quick claim deed back to to bank to avoid theses HOA charges. He is doing seminars on forclosures in Ft Lauderdale ares right now.

[TBA]

I am not sure you even need to go, I guess you could say, I want this back in Banks name. But the process requires lots of stuff done behind the scenes to go thru. If the mortgage bank has summitted all the necessary documents, it will go thru if not it probably will not.

I saw Bob Massey attorney on Fox channel the other morning, He was saying some clients have to hire attorney to do a quick claim deed back to to bank to avoid theses HOA charges. He is doing seminars on forclosures in Ft Lauderdale ares right now.

I thought there were some legal issues with this - quit claim deeds require the agreement of both parties? That would be interesting to hear about this in more detail. i have a property we would like to do this with, but i heard only bad things.