[Surprise1201]

[QUOTE=ScottGem;1372812]I really disagree with this. We are seeing more and more programs offered by lenders to try and keep homeowners from losing their homes. Mortgage lenders are in the business of lending money, not selling real estate. Every mortgage lender I've talked to does not want to foreclose, because they usually lose when they do.

I have to disagree with you, I like the previous poster, live in Florida. I am disabled and the victim of a predatory lender. I should have known better but I was in a desperate situation and obviously not thinking clearly. I have tried to work something out with my lender, and the only solution they had was for me to pay the past due months, or for a loan modification pay two payments and then resume. My payments were too high to begin with, and the homeowners insurance disaster in Florida hasn't helped at all.
I do have a question though, my home was auctioned on 12/15/08, in Florida they say it takes 10 days to transfer the title, the bank bought it back, and then you are served with 24 hour notice to move. My 10 days would be Christmas Day. I have tried to get extra time to move, I have been sick the last two weeks, which is complicated by my disability. I cant' even find a person with the lawyer who worked for the bank, the bank, or the REO to help me. I talked, and got referred to, about 5 people on Friday, and ended with a voice mail, who hasnt' called back.
What happens in Florida if I can't actually leave within 24 hours with the Sheriffs Dept shows up?
Thanks, and Merry Christmas

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Second, you disagree with based on your experience with a "predatory" lender. Do you have experience with other lenders? I'm not sure how you can disagree with a statement about the industry based on your experience with your loan.

The notice you received does not have the force of law. In other words, the sheriff won't come until a court issues an eviction order. You will have a chance to ask the court to give you more time.

[Surprise1201]

I'm sorry if I'm doing this the wrong way, first time I've been on here, and don't like reading directions on a good day, and certainly not right now. My predatory lending experience was with the mortgage broker, the loan is with a major bank, JPM, they are the ones who wouldn't try to work something out. I was told that in Florida the police are the ones who come out, and post a notice that you have 24 hrs to move, if you don't they come back. Are you saying that if I don't leave then, the bank has to get an eviction notice.
Thanks, and again I'm sorry if I'm not doing this the correct way, I'm a little stressed this week

[ScottGem]

As far as I know the police do not serve summonses or legal notices. Who told you they do?

Also has far as I know, to force you out of the home requires an eviction order issued by a court. To get such an order requires a court hearing.

I would check with your local courts to confirm this.

[Surprise1201]

The law firm for the bank told me this, and I've seen the police on the news on TV here in Florida delivering the eviction notices. I called the Clerks Office today to verify it, it has something to do with Florida being a judicial state for foreclosures, I guess when the Judge signs the order for the foreclosure it automacitally sets the eviction in motion. One attorney I talked with about bankruptcy told me there was another step to delay the eviction, but I can't remember what it was, and I didn't have the money to hire him, so I can't call and ask