Q&A: Advice on Written Response to State of Florida Court re: Served Lis Pendens (Foreclosure)?
Question by makimma: Advice on Written Response to State of Florida Court re: Served Lis Pendens (Foreclosure)?
I own an investment property in Florida although I live in California. Like so many other homeowners, the market has left my investment upside-down. I have not made a payments now for 4+ months. I’m pursuing a short-sale on this property. In fact, I just received an offer. Well, I was served legal papers (Lis Pendens) a couple of days ago and have 20 calendars days to issue my response to the Court. Only a day later I completed and submitted all financial documents & hardship letter (105 pages) to the lender for their consideration of the short sale or other options (i.e., Deed In Lieu or loan modification to current value of home).
The Lis Pendens states that “Your written response, including the case number given above and the names of the parties, must be filed if you want the Court to hear your side of the case. If you do not file your response on time, you may lose the case, and your wages, money, and property may thereafter be taken without further warning from the Court.”
Question: Is there an official document I need to submit to the Court, or can a certified letter suffice? Also, can the letter simply request additional time (e.g., 60 days) to find a qualified attorney to represent my interests? If available, please respond with sample letters. Thanks.
I didn’t pay mortgage in 4 months because I decided against throwing good money after a bad investment. I was losing out-of-pocket K annually. This includes my rental income. Can my response letter request additional time to allow me to secure the services of an attorney?
Best answer:
Answer by MIND THE GAP
You need a Florida attorney to help you. Please get one.
Know better? Leave your own answer in the comments!
February 15th, 2011 at 3:08 pm
Why didn’t you make payments in 4 mo??
No matter what you do, you will loose the house unless you make up the 4mo payment. Throwing good money after a bad investment is not wise.
Most all courts require an “Answer” within the allotted time. It doesn’t have to be on any special form, unless you are an attorney. As long as you have all the case details on the page, it would be sufficient.
FL real estate foreclosure have to be done through court proceedings. CA foreclosure laws are done through a trustee, non-judicial. That’s why a foreclosure is quick in CA (60-90 days) where other states have to go through the court systems.
When the house is finally foreclosed, your credit report will get the hit and you will not be able to get another mortgage for 7-10 years.
February 15th, 2011 at 4:04 pm
Get an attorney.
I have heard from several people in your situation, California residents who owned “investment” property in FL that was foreclosed upon.
Guess what, those lenders, then started going after their CA properties, filing list pendens against their residences for the differences lost in amount owned, and amount recovered in the foreclosure sale.
Be sure the attorney is well versed in this area of law. It will cost you now, but in the end, the attorney will be a “good investment”.