Chapter 702 FORECLOSURE OF MORTGAGES,
AGREEMENTS FOR DEEDS,
AND STATUTORY LIENS
Chapter 721 VACATION AND TIMESHARE PLANS - Part III:
FORECLOSURE OF LIENS ON TIMESHARE
The Notice of Default
You have promised to make your mortgage payments,
pay your taxes and insurance,
and pay your homeowner association fees.
If you fail to do so,
the lender may deem you in default of your mortgage.
Declaring that you are in default is the beginning of the foreclosure process.
The Filing of the Lis Pendens
The first legal action taken by the lender is to file a Lis Pendens at the county courthouse.
The term "Lis Pendens" means "suit pending" and puts the public on notice that a law suit has been filed against you.
Your lender has declared you in default and is demanding that the note be paid in full immediately.
The Clerk of Court records the Lis Pendens in the Public Records and you are served.
The Answer (20 days)
In response to the Lis Pendens you have 20 days to file and answer with the court.
An answer isn`t "I`ve been laid off from work and cannot make my payments." In the lender`s eyes that is an excuse,
because you promised to pay.
An answer might be,
"I never had a mortgage with this lender.
They have confused me with someone else." It is an opportunity to show why you shouldn`t be foreclosed upon.
If you file an answer,
and it is usually a good idea to do so,
a hearing date is set.
At the hearing the lender`s attorney will be present and you may tell the judge the reason for your default.
You may present your case at the hearing and the judge will decide what to do next.
If you have a valid answer,
the judge may require the lender to give you a reasonable amount of time to work things out.
if you simply haven`t made your payments the judge will rule in favor of the lender and the foreclosure will go forward.
The good thing about the hearing is that it sometimes takes some extra time to be scheduled.
let`s say you are trying to use a short sale to save your credit,
this extra time may be important.
If you do not file an answer within the 20 day period or if the judge rules against you at the hearing and doesn`t allow you more time,
the lender`s attorney will file a motion for a Summary Judgment Hearing.
This is another hearing which will be scheduled before the judge.
It could take place in a few days or weeks depending on how busy the judge is and how aggressively the Lender`s attorney acts.
The Plaintiff (Lender)
is required to give notice to all of the defendants as to the time and place of the Summary Judgment Hearing.
If it is difficult to find and serve the defendants it slows the process.
The Summary Judgment Hearing (45 days)
At this hearing the Lender`s attorney will present the case against you.
You may give testimony if you are present.
The judge will most likely rule against you and find you in default of the mortgage.
The Summary Final Judgment will show the amount you owe the lender including principal,
and court costs.
Foreclosure Sale Date (75 days)
The next step is that the Judge sets a foreclosure sale date which is usually 30-45 days after the hearing.
This is when the property will be sold on the Courthouse steps.
This date is sometimes extended due to legal holidays or by agreement of your lender.
Equitable Right of Redemption
The foreclosure sale is final and your right to "redeem" the property is over.
You cannot suddenly pay off the mortgage and save your house.
There is a period of time after the sale that the court reviews the sale to ensure that everything is in order.
During this time someone could object to the sale on the basis that proper procedures were not followed.
This period is usually 10 days,
after which the Certificate of Sale is filed and title passes to the new owner.
Sheriff`s Set Out (85 days)
At this time if you have not moved out of the house,
the Sheriff may show up to put you and your belongings into the street.
If you go back into the house you would be trespassing.
This is something you should not undertake yourself and should get legal council because if you make a mistake in this process you case can be kicked out and you will have to start over or in some cases you can loose your right to the property.
With the growing trends of foreclosures the consumer has a lot more help than you.
Be extra careful and try to work this out if you can.