[johnnydee]

Hi, I have fallen on hard times. After having perfect credit for 20 years, I had to stop paying my mortgage in April of 2008. I was served the Liz penance on Aug 20th 2008. I was then set for a hearing in November 11th, 2008. I did not go but the case was delayed because lender did not have the original note. I now have a new court case for March 3rd 2009. I can not afford a lawyer. I called broward county court clerk and was transferred to legal dept. I have an appointment with free legal advice, on March 17th, after my court date. They told me I could file a 90 day extension. I would have 90 days to get my loan current, which may be $15,000 or more. On the 91st day I would not own my home anymore. I am now on unemployment making $250 per week.

I have over 100.000 of credit card debt that I also had to go into default on all accounts. I only earned $6000 last year and plan to file chapter 7 bankruptcies, and include my home in the bankruptcy. I have no where to go, with no job or family to help me. I need to live in my home as long as possible, before filing chapter 7, to keep a roof over my family's head.

Here is the question.

1) Can I ask the judge at my court hearing to please give me a 30 day delay to go to free legal appointment with Broward legal aid department, so I can get advice, before deciding what to do and in what order?

2) If I go to court and ask for the 90 day extension, what will happen after the 90 day period? Will my home bypass the auction process, and the sheriff, directly give me 2 week notice to get out?

3) If I take the 90 day extension, will I still be able to file chapter 7 bankruptcies and include my home in bankruptcy?

4) Will filing the chapter 7 bankruptcies, during or after asking for 90 day extension period delay me getting kicked out of my home a little longer?

I hope I am not pushing it with 4 questions. I am in a very bad situation; I am trying to get a job, and saving money for a new apartment. I may also lose my wife in this process.

Please help.

Thank you

[Fr_Chuck]

First you should demand to see the original note before you do anything else they are required to produce it.
At least that was on Yahoo news today, that they can not do the foreclosure without it if you demand it

Next talk to the clerk before the court date to ask for a new court date, if not ask for it to the judge at the start of any hearing to meet with legal aid.

[twinkiedooter]

You need to consult with a bankruptcy attorney as soon as possible to see what your options are, if any, at this point.

Also, from what I have been reading in the newspapers lately, the foreclosure hearings have been taking approximately 90 seconds to complete!

Your best bet is to file for a Motion for Continuance prior to the hearing. Don't wait until the actual hearing to request a continuance as it might not be granted at the hearing. The Clerk of Court can help you fill out the paperwork on that one. At least it will delay your foreclosure hearing for a few weeks.

You need to start looking at where you will live now instead of waiting until you talk to someone, etc. They will eventually come up with the original note at some time in the future.

How do you intend on staying in this home if you have no income with which to pay the monthly mortgage? You just can't keep staying there for free.