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Florida foreclosure/surrendering home in ch. 7- how quick?

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    Florida foreclosure/surrendering home in ch. 7- how quick?

    We are filing ch 7 and surrendering our house in July. Last mortgage payment was December. We received the NOD but nothing further yet. I read in the paper that foreclosures were taking 2.4 years on average in central Florida. I'm wondering if surrendering the home would shorten that timeframe? I'm thinking that with no defense things might move more quickly? We are planning on staying put until the house it out of our name and are just curious how long that will be...

    #2
    No one can tell you what your bank will do. It is likely that you too will not face an actual foreclosure (through the sale) for many months. There is absolutely nothing you could do to motivate or force a lender to foreclose quicker.

    Then again, it's unpredictable.

    You could always, after discharge/close, list the home for short sale and then do a deed in lieu if you really wanted to get out of the house and get through the foreclosure. However, everything is in the hands of the lender.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      We are 25 months now of not paying, We chose to stay put until the title is changed after the auction sale. The short sale is a long shot for us, The banks here are stalling and wanting the seller to pay something at closing. We told them to forget it. We got the LP November, nothing since. Just a letter now and then. There must be a reason they do not want to forclose here in Florida. I know several people in same boat no action on any of the houses.
      chpt 7 ,5-2009

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        #4
        Our last payment was Dec. 2009.
        Chp 7 was discharged in 05/10.
        No LP - no nothing...

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          #5
          Well, my discharge was in Oct 2009 in which I included my condo and Bank of America has NOT foreclosed yet. I have not made a payment on the place since Dec 2008!!! There have been a few motions to foreclose that show up in my public records, but then shortly after they seem to revoke/dismiss the motions. So as of right now...it's still sitting there empty and I'm actually in the middle of trying to obtain an FHA loan for a new home. My loan officer seems to think I have a chance since there is no actual "foreclosure" listed. Obviously I'm not getting my hopes up, but if there is no foreclosure listed and I owe nothing on the property...then what could they say? Again, not getting too excited. Anyway, good luck!

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            #6
            Thanks everyone! This gives me hope!

            Comment


              #7
              We received a request for summary judgement Nov13 date, A status conference date of Feb 11, So not sure if they will set a new date for summary judgement or use that date.
              chpt 7 ,5-2009

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