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    wellingtonfl's Avatar
    wellingtonfl Posts: 1, Reputation: 1
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    #1

    Jul 16, 2008, 03:15 PM
    I am inforeclosure, but have not been served, can they kick me out in 10 days
    I live in palm beach county and my lender just filed a lis pendis against me. I have not been officially served yet, can they lock my house or tell me I have 10 days to vacate?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 16, 2008, 03:27 PM
    Yes they can vacate you
    In my state they told me that if you pay up before it is sold off you are entitled to having it back but not sure of Fla laws.
    kidathart1956's Avatar
    kidathart1956 Posts: 3, Reputation: 1
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    #3

    Aug 1, 2008, 09:25 AM
    I live in Florida and am going through the same thing. I was served a foreclosure notice and usually it takes 180 days to finalize in Florida. I tried to stall it and work out a repayment plan through chapter 13 bankruptcy but that didn't work for me since I've lost my job and can't live up to the plan. So I chose to abandon the house as a last resort. But check on line about Florida foreclosures .
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Aug 1, 2008, 09:38 AM
    Quote Originally Posted by wellingtonfl
    i live in palm beach county and my lender just filed a lis pendis against me. i have not been officially served yet, can they lock my house or tell me i have 10 days to vacate?
    Don't think so. Florida is, I believe, a judicial foreclosure state; the lender may have to jump some hoops before auctioning the property.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 1, 2008, 10:02 AM
    A Lis Pendens is just a preliminary step in the foreclosure process. It simply states that there is pending litigation involving the property so clear title may be a problem.

    You will have plenty of time to either repair the default or pursue other alternatives if you want to keep the house. You cannot be asked to vacate the house until the foreclosure is finalized and the property auctioned off. Even at that point you will be given some time to vacate.

    They cannot lock you out of the house. If you refuse to vacate, they will get a sheriff to forceably remove you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 1, 2008, 10:15 AM
    Most likely you still have months before actual legal action will follow, remember they don't normally want your home, they want you to work out a payment plan with them
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #7

    Aug 1, 2008, 10:18 AM
    It took over a year for me to be vacated and my house to be sheriff sold but I have heard of it taking only a matter of months with others, but they very likely will not have you out in a matter of days or weeks.
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