Lis Pendens Timing Question

[scooter6251]

In FL, does the 20 day clock start from the date the LP is filed with the court or from the date it is served by the Sheriff? In my case there was over a weeks difference.

[Floridagail]

What clock are you referring to? We got our LP Nov 30-2011 we are in Florida, no further action taken. We figure we have to move after or right b4 the auction sale date.

[justbroke]

The time to respond to the lis pendens is from the time of service. In any event, you could actually still respond even if the 20 days has expired! The court must always consider your answer prior to actually granting a motion for summary judgment (MFSJ). In fact, most of the lender attorneys are quite slow between service/filing of the lis pendens and the actual filing of a MFSJ.

I have a question though... are you intending to fight the foreclosure and on what grounds are you fighting? I am assuming that you are doing this pro se (on your own) and I'm just curious as to how you responded to the allegations in the actual foreclosure lawsuit.

[scooter6251]

Thanks for your response, justbroke. No fight, we had the debt discharged 1/11, BK 7. Just hoping the lender will foreclose so we can get on with that part of our lives. We hope to buy a small house but need the FC to happen so the 2 -3 year wait can start. The LP was recorded by the Clerk on May 23 but I haven't been served. Got a call from Albertelli firm yesterday verifying our address so they could have us served shortly. Since we will not file any objection, maybe it will happen sooner than many I read about.

[justbroke]

Even though the lis pendens may be filed and the lawsuit started, you still will not know how motivated the lender is to foreclose. Perhaps, once the process is actually underway and you are served, you could see what options you have under the HAMP/HARP/(Whatever the Program Name of the Day is) and seek keys for cash or a similar option.

Best of luck to you.