Question About Motion for Summary Judgment

[Floridagail]

WE SAW THAT SAME NOTICE ON OUR FORCLOSURE OFFICIAL RECORDS IN jANUARY, NO FURTHER ACTION. We got a letter last week thanking us for wanting to avoid forclosure. We are on 28 months.

[tobee43]

WE SAW THAT SAME NOTICE ON OUR FORCLOSURE OFFICIAL RECORDS IN jANUARY, NO FURTHER ACTION. We got a letter last week thanking us for wanting to avoid forclosure. We are on 28 months.

is that nuts or what? it is so frightening to think about these incompetent banks and employees, would, just happen to be running our country right now. i hope you enjoyed our "thanks" LOL!

[deedeecfl]

I see that the bank's atty has filed a MOTION FOR DEFAULT/PRPOSED DEFAULT , a NONMILITARY AFFIDAVIT, and a NOTICE OF DROPPING DEFENDANTS (unknown parties). From what I can find out on line, apparently that will help move the process along towards getting the Summary of Default Judgment. I hope so. Surely wish the property would be out of my name before year's end.

We had all of that as well and the default was finally entered on 9/12/12. Nothing more at this point and the HOA just sent me another notice that the lawn needs attention. They also said the hedges on the property line can't be more than 3 ft tall. The thing is that we didn't have hedges along the property line. I am guessing the weeds are higher than the 6 ft fence. Problem is that the bank padlocked the gates so we can't get back there and we are not going to go on our neighbors' property to try to do that. The HOA is going to have to settle for the lawn getting done and a note about the bank padlocking the fence gates. I too want it over by the start of the new year. After my hubby's job loss and illness and then the Chapter 7 discharge, things were just starting to quiet down when I broke by foot 12 weeks ago. Was away from work for 7 weeks and in a wheelchair for 9; just got back to driving and work but gotta wear the fracture boot until November (driving with a sneaker on in car). I know the perfect place for that fracture boot when I am done with it!

[tobee43]

oh deedee, i'm so sorry to hear about everything you have been going through. i know what we do here in our HOA is get a lien against the property and that can work one of a couple of ways.

the bank pays off the lien to clear the title so the property can be resold (which is what has been happening here most of the time) i believe the reason for that is the bank is just rolling it over in any closing cost past on to the new buyer.

really,what is the HOA going to do, go after a BK person which they will because it's a subordinate lien. (while many states put junior liens) but here in florida the HOA liens take a subordinate position to mortgages already recorded on title. the mortgage/the new owner, whether bank or individual, does not have to pay any arrearage unless it is a lien. so that's why we put liens on our houses in HOA (being a board member i just want people going after losing their homes/jobs etc.) so we actually pass the problem over to the bank. or at least that's what we have been experiencing.

we hadn't even own our home for 8 weeks in this HOA when we got a call from the POLICE about the weeds on our front lawn...sorry that's wrong there was no front lawn at all. some of these HOA are really terrible.

[deedeecfl]

Got a strange letter from BoA's lawyer. They state that they are offering an in rem foreclosure and will waive a deficiency judgement. Since both mortgages were not reaffirmed and were discharged last year in the Chapter 7, I was under the impression that the foreclosure was already "in rem" (against the property). The taxes and insurance were paid through the escrow account and we have been paying the HOAs and are still maintaining the property as best as possible since the bank padlocked the gates to the backyard (I still feel for my old neighbors so we try to make it look better). And, of course, it looks like our attorney has officially retired. Has anyone gotten anything like this after a Chapter 7 discharged?

[tobee43]

what the in rem means is mortgages and foreclosure processes are determined both by the contracts that lenders create and the state and federal regulations that apply to the debt. the united states government changes its regulations in order to keep up with the real estate market and any key financing trends in the economy, but the basic laws governing the process are very stable. the language used to describe mortgages and foreclosures in government regulations often uses the phrase "in rem"; it is a common legal phrase derived from latin and applies to the general foreclosure activity.

so they are moving to foreclose. make certain you get it in writing that they will not pursue you for any deficiency!

[scooter6251]

what the in rem means is mortgages and foreclosure processes are determined both by the contracts that lenders create and the state and federal regulations that apply to the debt. the united states government changes its regulations in order to keep up with the real estate market and any key financing trends in the economy, but the basic laws governing the process are very stable. the language used to describe mortgages and foreclosures in government regulations often uses the phrase "in rem"; it is a common legal phrase derived from latin and applies to the general foreclosure activity.

so they are moving to foreclose. make certain you get it in writing that they will not pursue you for any deficiency!

Hi Tobee,
If they were discharged as Chapter 7, how could they be responsible for any deficit?

[tobee43]

Hi Tobee,
If they were discharged as Chapter 7, how could they be responsible for any deficit?

they can't but i'm not certain if dee listed her mortgage and it was discharged which was written RIGHT in FRont oF ME!. i understand the 7 was discharged, but i missed that the house was included, if it was then what all the bank is doing is giving them "legal" notice since the house still has their names on the deed while they proceed with the foreclosure process. and, correct, if the mortgage was listed and is not IIB they don't have to worry about any deficiency. although, i must warn you there have been at least 3 cases where the bank still did attempt to sue even tho the mortgage was IIB here in good old florida!

so the bank is just proceeding after the discharge, but again they are suppose to notify the "owners" of everything since their names haven't been removed from the deed.

[deedeecfl]

Sent their attorney an email with all of our details and then just called BoA. Their rep said they should never have sent that letter and that they are treating the foreclosure as if we did not include loans on Chapter 7 that was discharged. Of course, then they tried to see if they could do a loan mod and starting asking financial questions. I gave them the same info that we put on our Chap. 7 filing. I cannot wait for this to be over. If they try to pursue any deficiency, they will be the ones paying.

[tobee43]

when something is "in rem" it is a legal action, like a lawsuit, that applies particularly to a property. in other words, in rem means that the suit is directed solely against a property instead of a person, and when the court makes its decision it makes it regarding the property itself and laws concerning property, regardless of who owns it. In this case, the rights of the property in terms of its physical position and land laws become important. owner interests do not affect the court's decision. In rem can be translated as "against the thing" as opposed to action against the person. which i should have been clearer before when i wrote that up. sorry!

[scooter6251]

they can't but i'm not certain if dee listed her mortgage and it was discharged which was written RIGHT in FRont oF ME!. i understand the 7 was discharged, but i missed that the house was included, if it was then what all the bank is doing is giving them "legal" notice since the house still has their names on the deed while they proceed with the foreclosure process. and, correct, if the mortgage was listed and is not IIB they don't have to worry about any deficiency. although, i must warn you there have been at least 3 cases where the bank still did attempt to sue even tho the mortgage was IIB here in good old florida!

Not what I wanted to hear since my foreclosure is in FL
On my foreclosure case, which I want to happen asap, this is in the court records: 9/20/2012 MOTION FOR DEFAULT/PRPOSED DEFAULT , and 10/3/12 PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION. I understand the 9/20 entry but not sure what the one 10/3 means. We did not respond in any way. Just hoping it will move along

[tobee43]

Sent their attorney an email with all of our details and then just called BoA. Their rep said they should never have sent that letter and that they are treating the foreclosure as if we did not include lo. ans on Chapter 7 that was discharged. Of course, then they tried to see if they could do a loan mod and starting asking financial questions. I gave them the same info that we put on our Chap. 7 filing. I cannot wait for this to be over. If they try to pursue any deficiency, they will be the ones paying.

yes, just there way for you to sign on the dotted line and do a loan mod and keep the house. it really is "over" as long as your case is closed and discharged. the bank have a obligation to notify you, but of course not to have you reaffirm a mort after it was discharged on a bk. they try anything these days.

as long as your mortgages were included on the bk your right they would lose trying to collect the deficiency.

[deedeecfl]

they can't but i'm not certain if dee listed her mortgage and it was discharged which was written RIGHT in FRont oF ME!. i understand the 7 was discharged, but i missed that the house was included, if it was then what all the bank is doing is giving them "legal" notice since the house still has their names on the deed while they proceed with the foreclosure process. and, correct, if the mortgage was listed and is not IIB they don't have to worry about any deficiency. although, i must warn you there have been at least 3 cases where the bank still did attempt to sue even tho the mortgage was IIB here in good old florida!

so the bank is just proceeding after the discharge, but again they are suppose to notify the "owners" of everything since their names haven't been removed from the deed.

Yes, the loans were included in the Chapter 7. They were not reaffirmed and the surrendered box was checked also. I double checked this yet once again when I saw the mail yesterday. Somebody at this law firm has messed up but that doesn't surprise me. They changed the name of the law firm mid-foreclosure filing (just the name but not the law firm) so there obviously was some upheaval going on there. The real issue to me was that the letter stated that it was an attempt to collect a debt at the bottom of it.

[tobee43]

Not what I wanted to hear since my foreclosure is in FL
On my foreclosure case, which I want to happen asap, this is in the court records: 9/20/2012 MOTION FOR DEFAULT/PRPOSED DEFAULT , and 10/3/12 PLAINTIFF'S RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTION. I understand the 9/20 entry but not sure what the one 10/3 means. We did not respond in any way. Just hoping it will move along

ahhh...but the good news is the banks lost in court. so at least now there is some case law. actually one case was in orlando!

[tobee43]

Yes, the loans were included in the Chapter 7. They were not reaffirmed and the surrendered box was checked also. I double checked this yet once again when I saw the mail yesterday. Somebody at this law firm has messed up but that doesn't surprise me. They changed the name of the law firm mid-foreclosure filing (just the name but not the law firm) so there obviously was some upheaval going on there. The real issue to me was that the letter stated that it was an attempt to collect a debt at the bottom of it.

someone can correct me if i'm wrong, but i would be on the phone with my atty and that letter since they are in violation of your bk order. they can and have no right to attempt to collect a discharged debt.