Foreclosure paperwork, need some help figuring this out

[panda]

As some of you know I have been waiting forever for this Hawaii foreclosure to get done. Not nearly as long as our dear Tobee, but it almost feels like it.

Anyway, as I do not remember what the last thing was I wrote on this situation a brief update. I figured out in December that BOA lawyers were trying to serve us by checking through the state land records and finding when the lis pendens showed up, and then checking the court website which showed the foreclosure process and attempts of service. I updated our credit reports with our new address so we could finally be served, and we were served on Sunday evening of memorial day weekend at 9PM at night. (I am sure the guy that served us thought we were nuts as I invited him in and all but gave him a drink).

So that service showed up on the court website a week later. Then the lawyers put in for an extension for extra time as they were out of time due to it taking them so long to serve us, this was called plaintiffs ex parte motion for first extension of time. That was fine and was good until 12/13/13. I figured great we might actually get somewhere soon.

So last week I get another notice for extension of time to file pretrial statement asking the judge for six more months from 08/13/13 to 02/3/14 from BOA attorneys, and notice that it was a copy of what was being sent to the judge and when he signed it I would get a copy of the court signed notice. Which I received today.

Ok, so if you have hung in this long this is what the judge has to say:

Pursuant to plaintiffs foregoing ex parte motion (initialed by judge,) good cause appearing therefore, it is hereby ordered, adjudged and decreed that: (initialed again) line through the ex parte motion is granted, The time within plaintiff must file a pretrial statement is hereby (extended is lined through) suspended is added in.
(initialed) A dispositive motion deadline is set for 12/24/13 *. Should no motion be filed by that date this matter will be dismissed within 30 days of that date.
Then handwritten * Last defendant serviced 6/25/13 (this was community association being served notice)and therefore in default after 6/25/13. Rule 28 RCCH. 6 month deadline to file a motion for default judgement is 12/24/13

Can someone help explain any of this. I take it to mean they need to be done by 12/24/13 or I am at least hoping this is what it means.

Thanks everyone

[justbroke]

It appears to mean that your court requires the plaintiff to file a Motion for Default Judgment within 6 months of service upon a defendant to the foreclosure. THe judge is telling them to get something done that the Judge can rule on (dispositive information), or the case will be dismissed. I wonder why BofA is not able to move forward? Did they lose your original Note?

[panda]

Thanks Justbroke. All I know is when we were served all of the pertinent information, including the fact that they are aware of our bankruptcy, was in the packet. I do know that while I still had access to the BOA site with my info, all of the signed docs were online.

Hawaii has gone through a tremendous backlog and the fact that they are finally just getting to us is a good sign, I just hope they do not need to start over in December. Ugh.

I know they have to also provide proof of service for mediation and our decline, which was also in the packet, so maybe the judge is waiting for all of the documented stuff that is now required before they can proceed, I would guess these attorneys know what they are doing as they are the biggest group that BOA uses in Hawaii.

Hmm, the attorney had to do a declaration of counsel in this set of paperwork, where they state they have personal knowledge and have reviewed the file and all documents in the file to support the facts of the case, this was one of the new steps put in place , and they are responsible for making sure all of the docs are ready for trial. They stated in that portion that "declarants efforts to acquire the documents needed to seek a judgement begins upon completion of service. The reason for this practice is to avoid generating additional fees and costs prematurely. Oftentimes it is not until after a defendant is served with the complaint for foreclosure that they are motivated to reach out to the plaintiff to avoid foreclosure. Delaying work to seek judgement until after service is completed for a short period of time typically results in a savings for the defendant who is able to avoid foreclosure."

I think it is just there way to get extra time as they have a bunch of these foreclosures to get through now that stuff is selling over there again.