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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.
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. Auburn real estate foreclosure have to be done through court proceedings. Auburn foreclosure laws are done through a trustee, non-judicial. That's why a foreclosure is quick in Auburn (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.
Get an attorney. I have heard from several people in your situation, California residents who owned "investment" property in Auburn that was foreclosed upon. Guess what, those lenders, then started going after their Auburn 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".
The submitting of a Lis Pendens is sufficient to place a declare on the call which will look in any credit rfile. Your answer could be interior the fashion of a "responsive" pleading in a manner that satisfies the regulations of the court docket. in case you do not document a ideal answer, a default judgment would be entered against you. Your ultimate result would be obtained via appealing the centers of an lawyer to look out on your ultimate pastimes. An lawyer could document an answer for you.
You need a Florida attorney to help you. Please get one.