Interesting

[Floridagail]

After reading this article, I am not sure when to move out of my home. I had planned to move right before Auction date.

http://www.stayinmyhome.com/blog/2012/11/motion-to-cancel-and-not-reschedule-foreclosure-sale/

[justbroke]

While most cases are cut and dry, there are some "special" cases that have specific facts (are fact specific). I don't know the specifics of that particular case, but that's the first case in Florida where I have seen such an event. I actually reach Stoppa's blog often and this one is just too interesting. Too bad we may never know the exact details of "how" the bank messed up.

[frogger]

After reading this article, I am not sure when to move out of my home. I had planned to move right before Auction date.

Another thought for you as well, as long as you are in the home, you have possession and an auction may not change that. In my area, if you have possession, the new owner of the property must evict you as well. You can drag that out another month or so in most cases.

[justbroke]

In Florida, the entity (person or bank) purchasing the property at auction can get a Writ of Possession 10 days after the sale. They can apply for the Writ as soon as they have the title, which is done 10 days after the sale. They then get the Writ from the court and then give it to the Sheriff to have it executed. You would be forcibly evicted within 5-10 days from the Writ. Some banks may not go for a Writ quickly and may even offer to rent to you. A purchaser, such as an investor, may even offer to rent to you. However, I would not count on any of these things.

Personally, I say do not get evicted! An eviction can be devastating when trying to rent. As a former landlord, and hopefully future landlord, I will never rent to anyone who has an eviction on their rental credit report. It's just an industry standard thing.

I would certainly stay as long as I could. I would certainly already be "packaged" and ready to go if a sale date was set.

[frogger]

Personally, I say do not get evicted! An eviction can be devastating when trying to rent. As a former landlord, and hopefully future landlord, I will never rent to anyone who has an eviction on their rental credit report. It's just an industry standard thing.

I agree. An eviction to a landlord is worse than someone that has filed for bk.

[HHM]

What I find interesting, rarely have I seen these so called "foreclosure" defense attorneys publicize any actual success. I know that the motion was not Stopa's, but still, no testimonials from satisfied clients, no order vacating foreclosure etc.

we have defended the foreclosure of hundreds of homes throughout Florida

http://www.stayinmyhome.com/foreclosure.htm

Pleadings are public records...where are the hundreds of successfully defended cases?

[justbroke]

There aren't any HHM. I think that there were maybe 3 or 4 cases across Florida in the last 4 years that resulted in a dismissal with prejudice. I'll have to try to find those cases again. I thought that blog, mentioned earlier, had some references to at least one of those cases.

[HHM]

:wink

I know JB. I was being sarcastic.

[TBA]

I wonder maybe if the word defended isnt actually meant to represent win?

But, this is interesting. I assume this motion stopped the sale? In fla, i think we have 3 days after the sale to object and pay the balance of the loan to cancel the sale? (Or maybe that is tax deeds, it has been a while since i have thought about this...). And by pay, i mean, pay in full...

[justbroke]

In Florida, you must redeem (pay) before the sale. There is no redemption period in Florida.

[alo]

Two attorneys that I consulted with about BK actually made very persuasive arguments to me re: foreclosing after I file Ch 13. How I could stop paying my mortgage a few months after filing/discharge and save up cash (less $500/month for their foreclosure defense fee).

They looked at my home value v. debt. I'm upside down by about 20% (60K). I agree with what they said...that if I was offered this home today as an investment, I'd run because it's over priced. I don't love or hate the house/neighborhood. So, it is a financial decision whether to make this a strategic foreclosure or pressure the bank for a loan mod principle reduction.

But they certainly wanted me to consider it. That's $6K a year for them to monitor documents.

Curiously, they dismissed the idea that I may qualify as an over the medium Ch 7 with my high mortgage and health insurance. (I technically pass the means test with a DMI of -$250).

Maybe it only works to file a Ch 13 and then foreclose a few months later. This goes beyond BK pre-planning and into foreclosure pre-planning. Is there such a thing?!?