Home Selling in Jacksonville>Question Details

Stephanie Ga…, Home Buyer in Florida

Can anyone help?? Trying to sell a property as a short sale, bank has summoned me for foreclosure

Asked by Stephanie Gacki, Florida Wed Jun 13, 2012

Can anyone tell me how to respond to a summons for a notice of foreclosure? We have been under contract since february and are awaiting short sale approval. I have been very cooperative with bank and gotten all documents in a timely manner. I can not afford an attorney to help me with the paperwork and I do not know how to legally respond to this. Can anyone help???

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If the short sale has not been officially denied and you have come up against a wall I suggest a short sale real estate attorney be consulted. They should have the clout and expertise to make things happen and get answers for you.
1 vote Thank Flag Link Wed Jun 13, 2012
If you (and your Agent) have contacted your Bank and submitted all your paperwork along with the MLS Listing and the SS OFFER, and the Bank has not given it's approval to the Shortsale, they probably are saying that they do not accept your Hardship and therefore the Offer.

I am assuming that you (and your Agent) have taken all the proper steps.

If the Bank does not want to accept your plan, and they do HAVE to accept it, then they obviously prefer to Foreclose on you.
1 vote Thank Flag Link Wed Jun 13, 2012
I agree with this statement. But the bank should have also sent something declining the offer too. Or you can call the bank to see if they even entertained it.
Flag Wed Jun 13, 2012
Get your property listed. You should have started the process alot earlier than this. Also a local real estate attorney could be very helpful to you! Best of Luck
0 votes Thank Flag Link Sun Jun 17, 2012
Good morning Stephanie,
You are in a very unfortunate situation, very much like so many of your fellow home owners.
The good news is that for the past five years real estate professionals have been actively engaged in this trench warfare. As unpredictable as the short sale process is, over the course of five years we have developed the contacts, skills and knowledge to anticipate and counter many of the strategies the other side uses as well as awareness of where their internal communication will sabotage a beneficial outcome.

The nature of your question and lack of acknowledgement of a second party, indicates you have chosen not to benefit from this collective experience and elected to pursue a short sale using alternatives. (this is most definately as issue you need to be discussing with whomever is managing your home sale.) Usually this works our fine until an event like yours occurs and you become fully aware you don't know what's going on and are very likely to become an unwilling victim.

Lila and Sharon provided excellent guidance and alternatives that should be essential in moving forward in your short sale. Be very aware, if you are enmeshed in legal proceedings, you really really need legal advise. Most, in the trenches real estate professionals, have access to legal experts who can quickly assess the situation and advise if the DIY route serves your best interests in this situation.

Let us know what you found out. I'm betting it's the LIS Pendens notice. Which means you are most likely good to go, depending on whe the bank(s) and other players are.

Best of success in getting your home sale completed,
Annette Lawrence
ReMax Realtec Group-
0 votes Thank Flag Link Thu Jun 14, 2012
Hi Stephanie,

Foreclosure in the state of Florida is about a 180 day process, in a perfect world. That is from the start of the foreclosure - the Lis Pendens notice - to the courthouse sale. In truth, it can take a year or more. If you can't afford an attorney and aren't comfortable writing your own response in your own words and representing yourself ('pro se'), why don't you Google and there is an attorney web site that can help you for less than what one would charge in person.

Do you have a real estate agent, or are you selling on your own? If an agent, he or she should be able to put you in touch with an attorney they work with who might give you a phone consultation at no charge.

Hope this helps!

Sharon H. Alters
Coldwell Banker Vanguard
Web Reference: http://teamalters.copm
0 votes Thank Flag Link Wed Jun 13, 2012
I only see where a Lis Penden has been filed which should give you plenty of time to proceed with your Short Sale. Speak with you Agent and let her know your concerns. Thanks Vickie Hall
0 votes Thank Flag Link Wed Jun 13, 2012
Good Evening Stephanie,

As a realtor, I can only tell you how I would be working on this transaction. Please understand that in many cases the department that is working on the short sale is not in communication with the foreclosure department, that is one of the biggest problems I have at times when assisting sellers with their short sales. If the summons you received is the Lis Pendens, which is the first step in the foreclosure process, then it is not quite as bad as you may think. You can get an attorney for a nominal fee to file a response for you to the summons, and even ask for an extension of time with the court. You can provide the real estate attorney with proof that you are currently under contract for the sale of your home as well as the documentation that you have been submitting to the short sale department. As stated here, you Realtor can be asissting you with communicating with your lender to advise them what you are doing. While short sales do take some time, I have been experiencing that the banks are moving this process along a lot faster than in the past. The key is to ensure that your Realtor , or who ever is working on the short sale, to remain in constant contact with the bank and to get them the documentation they seek. The average turn around time I have been experiencing lately is under 45 days to get an approval. When there is a second mortgage, it may take a little longer, but since this is all done simulatneously, it really doesnt add too much time.

My strongest suggestion is to definitely get an attorney to answer this summons for you just as soon as possible. This should buy you some time to get the short sale work done and approved. Additionally you want to be pressing your Realtor to see what he/she is doing on your behalf with the lender on the short sale. Constant contact with the bank is vital. Good luck, and please, if you have any additional questions do not hesitate to call, while I can not give you legal advise, I can share my experiences with you and help guide you.

Lila V. Lopez
CDPE -Certified Distressed Property Expert
RE/MAX Advance Realty
0 votes Thank Flag Link Wed Jun 13, 2012
Ok you say that you are under contract. What is the Realtor doing that is helping you with the contract? They should have authorization to speak with the bank and know who the important people are. This question should be directed at your Realtor.
0 votes Thank Flag Link Wed Jun 13, 2012
Stephanie, Please call me for some advice 904-962-8089
Thank you,
Don Price
Remax Specialist
0 votes Thank Flag Link Wed Jun 13, 2012
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