Lis pendens listed on county clerk website...what's next?

[jimisbroke]

We filed ch 7 back in June and surrendered the house. I just noticed online that the bank filed a Lis Pendens over a week ago. I have a few questons:

1. Is the LP always served by sheriff? What happens if we aren't home? We have house guests staying and we were hoping to avoid having to explain what the sheriff was doing.
2. Everything I've read recommends filing an answer within the 20 days so you aren't in default but what would our answer be? We surrendered the house so I can't imagine we would have much of a defense...
3. If we don't file a response, do you think we will have to be out before June? We are really hoping to move when school is out.

Thanks for any input!

[deedeecfl]

We filed ch 7 back in June and surrendered the house. I just noticed online that the bank filed a Lis Pendens over a week ago. I have a few questons:

1. Is the LP always served by sheriff? What happens if we aren't home? We have house guests staying and we were hoping to avoid having to explain what the sheriff was doing.
2. Everything I've read recommends filing an answer within the 20 days so you aren't in default but what would our answer be? We surrendered the house so I can't imagine we would have much of a defense...
3. If we don't file a response, do you think we will have to be out before June? We are really hoping to move when school is out.

Thanks for any input!

We had an actual process server. We were not home at the time and she left her card with her phone number. I can't answer the rest of your questions because we wanted to push the whole process along. My husband just called her back and made arrangements to be home on her next visit.

[Floridagail]

Ours was delivered by server, then after that everything came by mail. Ours LP was Nov 30 2011, We are still here, We did not answer it as we do not want the house, It takes time to work thru florida court system, several processes behind the scenes at courthouse. Our hearing is finally set for Feb 2013. so mostly likely the sale would be March to get house out of our name. We intend to file 7 to stall it more. I kept following mine online and I figured we would have 3mos when the summary judgement hearing gets requested.
You should be getting served anyday if it is online . Answering it does no good, you discharged it. It still will take time to get thru it all, no rush to move. Some people get LP and no further action for months.

[justbroke]

1. Is the LP always served by sheriff? What happens if we aren't home? We have house guests staying and we were hoping to avoid having to explain what the sheriff was doing.

In Florida, I believe the only people who serve a Foreclosure Lawsuit is the Sheriff's department for your specific county. If you are not home, the Sheriff's deputy (or process server) should leave contact information. If the Sheriff's office comes while your guests are there, they may try to serve it to them so that could be an issue.

2. Everything I've read recommends filing an answer within the 20 days so you aren't in default but what would our answer be? We surrendered the house so I can't imagine we would have much of a defense...

Filing an answer is done in order to deny any part of the complaint. Unfortunately, if you don't have a genuine issue (defense or offense) that is related to standing or some other issue regarding ownership, it could be difficult to answer. This is why most foreclosure defense attorneys will attack standing and file a Motion to Dismiss over actually answering the complaint! Again, your defense could be that the party seeking to foreclose hasn't done a bunch of things required under the law including, but not limited to, standing, proof that they are the holder and owner of the (promissory) note, and that they have served you properly.

3. If we don't file a response, do you think we will have to be out before June? We are really hoping to move when school is out.

No one can tell you for sure. It depends entirely on how fast both your particular court (district/judge) and lender's attorney are handling your case. It could drag for 7 months (typical Florida foreclosure), or for years depending on an answer or motivation of the lender.

I'm not making this recommendation, but there are so-called foreclosure defense attorneys that will force the lender to "prove" that they are the correct party foreclosing. They'll also make the bank "prove" its case concerning the mortgage and note as well (since many notes were sold). This will inevitably cause a delay in the foreclosure. It is not guaranteed but at least you would have "some" level of representation. These foreclosure defense firms typically charge a flat rate (around $1,500), but there are some out there that charge a monthly fee. You'd need to decide if the money is "worth" it for you or if you just want to let the case proceed at its own pace.

[jimisbroke]

Thanks for the replies. We are still waiting to be served. I'm sure it will happen soon. Hoping against hope that the actual sale isn't before June or after mid August. I guess we'll just have to wait and see what happens. Anyway, thanks again!

[kmattin]

In Florida, I believe the only people who serve a Foreclosure Lawsuit is the Sheriff's department for your specific county. If you are not home, the Sheriff's deputy (or process server) should leave contact information. If the Sheriff's office comes while your guests are there, they may try to serve it to them so that could be an issue.

Filing an answer is done in order to deny any part of the complaint. Unfortunately, if you don't have a genuine issue (defense or offense) that is related to standing or some other issue regarding ownership, it could be difficult to answer. This is why most foreclosure defense attorneys will attack standing and file a Motion to Dismiss over actually answering the complaint! Again, your defense could be that the party seeking to foreclose hasn't done a bunch of things required under the law including, but not limited to, standing, proof that they are the holder and owner of the (promissory) note, and that they have served you properly.

No one can tell you for sure. It depends entirely on how fast both your particular court (district/judge) and lender's attorney are handling your case. It could drag for 7 months (typical Florida foreclosure), or for years depending on an answer or motivation of the lender.

I'm not making this recommendation, but there are so-called foreclosure defense attorneys that will force the lender to "prove" that they are the correct party foreclosing. They'll also make the bank "prove" its case concerning the mortgage and note as well (since many notes were sold). This will inevitably cause a delay in the foreclosure. It is not guaranteed but at least you would have "some" level of representation. These foreclosure defense firms typically charge a flat rate (around $1,500), but there are some out there that charge a monthly fee. You'd need to decide if the money is "worth" it for you or if you just want to let the case proceed at its own pace.

Statistics recently stated that Florida is number two for time required for a foreclosure to worm its way through the court system at 805 days, second only to New York at 1015 days. Things could move along, but my attorney agreed with the 805 days. We have most likely extended that by requesting mediation. We are going to fight BOA as hard as we can.

[justbroke]

The reason for the current "average" is due to the lawsuit the Florida AG filed 2 years ago. Foreclosures almost completely stopped. Most cases were withdrawn (dismissed for lack of prosecution or on the bank's own motion). The State then shutdown the so-called "rocket docket" claiming budget issues. Those things combined all but shut down the foreclosures in Florida for 12 months.

I would say that the foreclosures have started get back. The new processes are in place and the lenders have started to fix their paperwork issues. (There have been many many many thousands of "assignments" filed or refiled in the past 6 months as the banks fix the issues.) Florida was always about 7-11 months, but even with that, it was taking about 600+ days for a foreclosure before the "big" mess.

Requesting mediation and otherwise hiring an attorney to represent you, should slow it down by at least 12 months, but nothing is guaranteed. I don't see any reason why it could not be dragged out 2 years if there are legitimate delays.

[MBeach222]

I assume that they need to serve you personally and have no way of knowing if the person who answers the door is the homeowner, a tenant, a guest or a family member.

A neighbor told me a server came to his home, but my neighbor just said "he's not home." Do you know when he'll be back? "No." And that was that. They can only serve you if you open the door and tell them who you are. For security reasons, I don't open my door unless I know who it is.

[Floridagail]

They will serve who ever will take it. I would let them serve me, I want them to know I am still there, not moved out.