Your Questions About Foreclosures | foreclosureorder.com

Your Questions About Foreclosures

Your Questions About Foreclosures

Lisa asks…

was my foreclosure dismissed by the courts?

ok, i was in the process of forecure, and its been almost a year since i first was served with papers indicating my morgage company was going to begin the process of foreclsure. today i got a notice in the mail from the state saying this:

“This cause, upon the courts own motion, pursuant to florida rules of engagment of civil procedure 1.070(I), it appearing that service has not been obtain upon the defendent(s) in the following causes within a 120 days after filing the initial pleading and the plaintiff having been noticed that the cause of action would be dismissed on february, 02, 2009, and further has made no showing of cause as to why service was not made within that time, it is therfore:

ordered and ajudged that the cases, as indicated on the attached listing, are hereby dismissed without prejudice pursuant to the rule 1.070(I) of the florida rules of civil procedure.

and then it listed my name and morgage company and case number

thats all it said, does this mean my foreclosure was dismissed by the courts?

Your Questions About Foreclosures

The Expert answers:

The case was dismissed, but can be reinstated
Why don’t you talk to your lender and see what you can work

Your Questions About Foreclosures

Linda asks…

Mortgage Foreclosure?

I am renting a property,,,and when I came home the other day a notice was on my door it says….NOTICE OF RESIDENTIAL FORECLOSURE DIVERSION PROGRAM…..IT ALSO SAYS…A JUDGEMENT HAS BEEN ENTERED AGAINST YIU AND PROPERTY IS ABOUT TO BE LISTED FOR SHERIFF’S SALE….but then there is another paper that came with it that has an ORDER FROM 2008 in FEB that says…upon consideration of plaintiff ( mortgage company) and the affidavit of good faith investigation attached hereto it is hereby ORDERED that service of complaint in Mortgage Foreclosure and all subsequent pleadings on (defendants) shall be complete when plaintiff or its counsel has mailed true and correct copies of the complaint to the last known address of defendants….well i came home yesterday and this notice was on door….so can someone please explain this to me and has this house been under foreclosure since last year? like have i been paying rent and my landlord knew it was undergoing foreclosure? and if so isn’t that against law?
guess i can’t get that much help on this question even with all the details…oh well thanks anyway…and that websitehttp://www.ebiznus.com/real.html….sucks it has nothing to do with my question

Your Questions About Foreclosures

The Expert answers:

It is not against the law, but definitely unethical.
Contact your landlord immediately and ask for an explanation.
If you have a lease you can’t legally stop paying rent, because that agreement is between you and the landlord, not you and the landlord’s mortgage holder.
You could try telling the landlord that you will pay the rent into an escrow account until you have been assured that your living arrangement is not in jeopardy. In some states that is legal – but you might want to check your state’s tenant and landlord rights. Just do an online search for that.
The lender apparently has not been notified of the mailing address for the owner, since the paperwork was left on your property.
Suggest you tell the landlord you are going to move, give 30 days notice in writing and start looking for a new place.

Your Questions About Foreclosures

Mark asks…

LAWYERS PLEASE ADVISE: I think my landlord is in foreclosure?

I received a notice shoved under my apartment door last night. It says “summons” on it and then it lists my landlord’s name and “any and all parties having an interest in the mortgaged properties” as the defendants.

It basically says that my landlord owes 3 million dollars on his various properties (my apartment building included). It has a lot of legal jargon on it that I cannot fully comprehend, and at the top it says: “You are hereby summoned to answer the verified complaint in this action and to serve a copy of your notice of appearance or answer on Plaintiffs’ attorney within twenty (20) days after the service of this Summons….”

What does this document mean? Does this mean my landlord is in pre-foreclosure? Or has the foreclosure process already begun? What am I supposed to do with this document?

(And if my landlord IS in foreclosure, what does this mean for me, the tenant? My lease just ended last week and I was planning on signing a new one before September 25th. Should I start looking for a new place instead?)

PS: I’m asking this on yahoo answers because I’ve been trying to call my landlord to find out what’s going on, but he will not answer his phone.

Your Questions About Foreclosures

The Expert answers:

Yes, it means his lender has started the foreclosure process. The summons is actually for the owner – not you.

If this is a commercial apartment complex, it’s likely that your tenancy can continue uninterrupted even if the property is foreclosed. If it’s a private-type rental (single family home or duplex), you may wind up having to move.

Your Questions About Foreclosures

George asks…

Is the trustee company suppose be listed on the deed of trust with the county at the start of foreclosure?

We are in foreclosure and I had heard that the one foreclosing on the house has to be on the deed of trust to foreclose. Upon checking the county records, the trustee foreclosing was not on the deed at the time of the first letter. The original mortgage broker was listed. In fact, MERS, Wells Fargo (our servicing bank) and the trustee were not listed on the deed of trust until several weeks after the first default letter. They were all registered the same date. Is this within the rules of foreclosing on a house? At what point is the foreclosing company to be on the deed of trust?

Your Questions About Foreclosures

The Expert answers:

A day before the sale, otherwise they can’t sell it.

Your Questions About Foreclosures

Susan asks…

Is my foreclosure-civil court case finaly over?

We have handled this ourselves with some help with everyone here, Thank you all. A deed in lieu has been reached and the Warenty Deed filed with the county. Now we see the following information.

Here is the recent civil court actions filed:

12/10/2010 Order Continuing Docket Sounding 2/08/11 at 1:00 pm Courtroom 5 F
2/2/2011 Voluntary Dismissal
2/2/2011 Notice of authorization for substitution of counsel
2/2/2011 Motion for Substitution
2/2/2011 Final Disposition Form
2/4/2011 Witness List
2/4/2011 Exhibit List
2/7/2011 Certificate of Service

Does this horable thing seem to be over? what would be the final deciding factor/paper/thing?

Thanks again everyone who has helped

Your Questions About Foreclosures

The Expert answers:

Nope…Still the 1099-C to come after the house gets sold.

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Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures
Your Questions About Foreclosures

Your Questions About Foreclosures

Your Questions About Foreclosures