Foreclosure in Florida

[ecoastbound]

Hi everyone,

I'm new to the forum and I was hoping someone could answer some questions for me. I stopped paying my mortgage payments to US Bank in August 2010, they filed for foreclosure in February 2011. I filled out paperwork for a loan mod in March, sent me back paperwork telling me my mortgage payments would remain the same so I did not sign the paperwork. We filed for chapter 7 July 29 and had our 341 meeting September 2. We received papers in the mail stating the mortgage company wanted the automatic stay to be lifted by September 23 if we did not answer. We did not answer. I am in Orlando...middle district of Florida. Does anyone here have any experience with the timeline for an Orlando area foreclosure or a foreclosure with US Bank? We are really ready to get out of here but I'm so worried they will take forever.

[justbroke]

I don't have any timeline for USBank but generally, in Florida, the relief from the automatic stay (RFS) doesn't accelerate the standard foreclosure process. Bankruptcy only "stays" the process and the lender may resume foreclosure, in Florida, by just re-publishing the sale date. They do not need to start the whole process over.

Foreclosures in Florida are running quite slow right now. Depending on where you were in the process back in February 2011, this could mean that you still have many months left in the home, or your are very much along the timeline. It is anyone's guess at this point.

I would not equate, though, the RFS with your foreclosure happening anytime soon. I have read cases in Florida where the RFS was granted in March of one year and the foreclosure still have not been processed through September of the following year!

So, the likelihood of it taking another year to foreclose, is not outside the realm of possibility! Why not enjoy the free "rent" and save some money?

[ecoastbound]

Thanks for the reply. I have been saving every penny possible for 13 months now and have built up quite a savings. We plan to stay into the new year but not sure how long. The free rent is great but my neighborhood was quite nice when I moved in to my home in 2002 but since the housing bust and all the foreclosures, the houses have been bought up and rented to anybody and everybody. My neighborhood now has more police activity than I have ever seen. Break ins, muggings and even a murder. I just feel so unsafe here anymore. And I'm moving to the beach so I'm kinda in a hurry. Lol

[ecoastbound]

Also, FYI...when they didn't get the signed mod paperwork from me on 6/23 they served me on 7/9. So, our foreclosure process has only gone as far as serving us. I have looked up some US bank cases in Orange county and it seems like most of the ones that are closed went for about a year from start to finish. I'm thinking US Bank has their ducks in a row and the only delay for them is the backlog for Orange county courts.

[justbroke]

The backlog just got longer. The foreclosure cases are no longer heard by the "special" so-called rocket-docket retired judges. Now it's back in Florida District court where it will certainly clog the system more with all the foreclosures that need to be done.

I'd say that you have anywhere from 3 months to a year or more left in the home. I do understand and appreciate your concern for safety! Always take the safety of yourself and family into consideration. After the automatic stay is released, wait a few weeks and contact the Bank's "bankruptcy" and/or "foreclosure" department to see if they'll offer you cash for keys or a deed-in-lieu. That's about the only way to expedite the process. The banks seem to be disinterested in ANY foreclosures right now in Florida. Sure a few are going through, but the really big banks have stopped foreclosing while they get their paperwork straight and settle the lawsuit from the Florida Attorney General.

[cory1848]

Welcome! Check out my thread that i started when my ordeal started. Florida Foreclosure timeline

Cliff notes version... Last payment August 09, filed BK7, Sept 09 discharged Jan 2010. LP served to me April 2010, Hired lawyer to fight it, submitted Answers and Responses to LP Sept 2010 and havent heard a thing since. Last week I received a notice from the court that they would be issuing a Lack of Prosecution order if the bank doesnt do anything within 60 days. If that gets approved my case will have to start all over again. I am at 2 years 1 month since my last payment. Still in the house.

It will be a long process so be prepared for that. If you chose not to fight it, I "may" go quicker than my case.

I totally understand the want to get out of Florida, I want to so bad as well. However, I am staying put until this process works itself out. I am working on a way to get out of debt and paying off student loans and car loans that werent discharged in the BK7. My student loans and car loans almost total $45K and I would not have been able to pay these off without the "free" rent. So this only makes sense to me. I am also putting some aside for a E fund and moving expenses.

I would highly suggest staying and just banking the money. Pay yourself "rent" every month and either save it or apply it to current debt. Lots of great info on these boards!

[ecoastbound]

Justbroke, I would like to stay until the end of the year and that should be about the time of my discharge. Will they work with me once I'm discharged as far as cash for keys go? Also, how does cash for keys work exactly? And do all banks do it? US Bank will probably be a pain in the you know what.

[ecoastbound]

Cory1848, I can't believe you have been in your house for 2 years without a payment. I hope it doesn't take that long for me. I just want to get this over with and move on, ya know.

[justbroke]

Justbroke, I would like to stay until the end of the year and that should be about the time of my discharge. Will they work with me once I'm discharged as far as cash for keys go? Also, how does cash for keys work exactly? And do all banks do it? US Bank will probably be a pain in the you know what.

Keys for cash may be possible, it just depends. This was being offered under the modified HAMP sub-program known as HAFA. I'm not sure if all lenders offer the cash for keys alternative. Basically, you leave the home within 30 days and you leave it "broom clean". That means that it is clear of all furniture and debris. It does not mean "move-in-ready" or spotless... just that you "swept" up after yourself and have left no damage or trash.

[MBeach222]

I am also in Florida (Miami Beach) and I think the bank is trying to serve me with foreclosure papers.

I'd love to hear what others have experienced with Servers...things they will do to try and serve me.

I live in a secure building with 24/7 security who is supposed to stop all visitors and not let anyone in without the resident's permission. I received two visits from someone who says they are with a "mortgage servicing" company, however both times I was not home.

Any other experiences from other Floridians?

thanks

[justbroke]

They only need to attempt service a few times. (I don't know what the exact number is.) Then they can go by publication in the paper. If you're trying to just avoid being served, then all you've done is avoid being served. They will then use service by publication, which takes slightly longer, but is still valid. In most counties in Florida, service of process for foreclosures is done by the Sheriff's office (process servers from the Sheriff's office). They actually document when they attempted delivery and will usually leave their card for you to call them to have the papers delivered. If you don't respond, then they'll just "return" service to the Court and it will proceed from there.

Don't let it be done by publication because then you'll have no clue what's going on with your case. I know that you're not trying to avoid service, but if you want to mount a defense -- if that's what you're trying to do -- then you need to accept service and start that 20 day clock to file an answer.

However, in your particular case, you write a "mortgage servicer" sent the person, so this could just be to see if the place is occupied and/or secure an unoccupied property. This doesn't read like service of process.

[ecoastbound]

Being served was no big deal. She showed up at 9:15 on a Saturday morning dressed in shorts and a tank top and was very nice. No drama. She was just doing her job.