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

    Jan 26, 2012, 06:16 PM
    Foreclosure order to vacate?
    I requested a mediation with the mortgage holder on my home that has been in foreclosure since April 2010. In the mediation on Nov 2,2011 I made the bank a very fair offer that is less than the amount owed, but the house has a documented sink hole. The attorney for the bank said they would get back with an answer as to whether the bank would accept the offer or not within 10 days. The terms were that the lis pendens be withdrawn, there would be no deficiency judgement and the title would be free and clear. I am still waiting for the answer. One of my attorneys has made 3 attempts to contact the bank attorney and was told by her to call them himself. I am at the end of my rope. I can't get any answers from 3 attorneys and the bank. The bank won't talk to me because its in litigation. Any suggestions?
    Thank you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 26, 2012, 06:27 PM
    Many banks are just not accepting offers for less, ( no idea why) the fact you are getting no answer is often a answer, no.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 26, 2012, 11:34 PM
    This is a court ordered mediation and a judicial foreclosure? The good thing is that the bank will not be able to go through with getting a judgment of foreclosure until it gives you an answer. So sit tight.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 27, 2012, 04:42 AM
    The title of your question is misleading. Your question doesn't seem to have anything to do with an order to vacate.

    Banks are going through changes in how they deal with delinquent mortgages. For example, on LI foreclosures were down significantly last quarter because banks are working with homeowners.

    So your bank may be in a state of flux over changes in policies. Keep trying to get an answer from them.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jan 28, 2012, 07:32 AM
    Quote Originally Posted by FrustratedinFL View Post
    ... I made the bank a very fair offer that is less than the amount owed, but ... The terms were that the lis pendens be withdrawn, there would be no deficiency judgement and the title would be free and clear. ...
    I work primarily in the mortgage foreclosure industry here in Florida and, in my opinion, this offer is not likely something that the bank would take seriously. Are you saying that that you would make a lump-sum payoff?
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