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    lrhall41's Avatar
    lrhall41 Posts: 123, Reputation: 6
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    #1

    Dec 23, 2008, 11:51 AM
    Is there life after a foreclosure summons?
    We live in Florida and we have not actually been served with the foreclosure summons, but I checked with the clerk of the court and it was signed on the 17th, so we should be getting it soon.
    My question is the following, does anyone know the law in Florida that can tell me how much time are we talking about before the hearing, and if we are going to be able to explain the situation to the judge before he signs the eviction notice?
    My husband lost his job earlier this year and until a coupe of months ago, he was not able to get a decent job. The mortgage payments were too high, and eventually, we got really far behind with them. He called the lender (Chase) and explained the situation and they mailed him a harship application. He filled it out and mailed, return receipt requested. They received it a couple of days later. We tried to follow up on the application, but they were giving us the run-around telling us that it takes 30-45 days for them to make a decision, and after 3 months, now they are telling us that they never received it. We have told them that we have a RRR signed and they do not have an answer to that either.
    Also, I would like to point out that I am not on that loan, just my husband, but according to the summons, I am being named and the homeowners association is being summoned also.
    The last call that my husband made, he was told that we qualified for a modified loan, but no one has mentioned that before. We are totally lost as to what to do next?
    Any suggestions?
    Thanks.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Dec 23, 2008, 04:27 PM

    If the lender will not work anything else out, they have no obligation to do anything.

    So what do you expect to tell the judge, 1. do you owe the money
    2. have you paid it according to the terms

    The why really does not matter, it may be the difference from getting 10 days to move to getting 30 days.

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