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.i have just been served with foreclosure papers to how long before a court date or how long before i have to vacate in general

Venice, FL |

i have never gone through a foreclosure before and i am very scared they are going to come one day and tell us to get out now or you have 7 days to leave the home. i was just served this evening.

Attorney Answers 3


  1. Once you are served, you usually have 20 days to respond. If you do not respond, the bank will ask the court for a default judgment, meaning they accused you of something, you didn't deny it, so rule in their favor. Without hearing from you, the court will grant them the judgment. It is then a matter of time until the bank tells you to vacate so they can auction the house off. How much time is a good question - sometimes it is a few weeks, sometimes it is several months.

    If you do respond, you can litigate the lawsuit, usually for a long time. During that time, you can remain in the home and not pay your mortgage. Now, this isn't some underhanded trick - the fact is the bank has to show they own your loan, that they sold it to you properly in many cases, and that they have all the necessary paperwork and documents required to foreclose. In many cases, they simply do not have all of this together. What's more, many times they don't have it because they have done things wrong - they sold the loan to others or thought they bought the loan from others but haven't done it legally or properly.

    In fact, if you don't challenge the foreclosure and ensure the plaintiff is legitimate, you run the risk of having additional parties sue you in the future for the same debt.

    Call a foreclosure defense attorney or go to legal aid right away. Get someone to file an answer to the complaint. You have nothing to lose and a lot to gain. Otherwise, you will eventually be asked to leave the property and a deficiency judgment will be filed against you for any remaining balance after a sale. Defend your rights and fight the suit. A lawyer may even find something so wrong in their suit that he or she will able to counterclaim for their fees. Good luck.


  2. Let me expand upon the very good advise given by Mr. Mosca.

    You are concerned with the amount of notice you will get before you have to vacate the property, so I am going to work BACKWARDS, in reverse order of the sequence of events.

    1. The local sheriff will post a 24-hour notice to the front of the door. Here in Palm Beach County, the sheriff's office typically posts on a Thursday or Friday, which effectively gives the resident a weekend to complete the move.

    2. A Writ of Possession is issued by the Clerk of the Court to the Sheriff.

    3. The buyer requests that a Writ of Possession be issued. In Palm Beach County, a specific Order to that effect has to be entered. In your area, the practice may be different.

    4. After 10 days have passed from the sale, the Clerk issues a Certificate of Title to the buyer.

    5. On the sale date, the Clerk issues a Certificate of Sale but can not give title so that the home owner has the opportunity to raise an objection to the manner and method of the sale, if one exists.

    6. A Final Judgment is entered determining the amounts owed to the lender and setting a sale date, which by statute can be no sooner than 25 days and no more than 35 days from the judgment; however, in Palm Beach County, the Clerk is so backed up that the Clerk has requested that sale dates be no sooner than 40 days from the time of judgment---but even then, if the homeowner appears at the hearing and asks for additional time due to seeking a loan modification, or a short sale, or some other exigent circumstance, some of the judges have given the homeowner 60 or even 90 days before the sale.

    7. You receive a Notice of Hearing on a Motion for Summary Judgment. The hearing can be no sooner than 25 days from the date of the mailing of the Motion--not the Notice.

    And from here, it gets fuzzy, as we do not know how long it will take for the lender to get a hearing date; whether in Sarasota County there is a rule requiring mediation before the Motion for Summary Judgment can be filed, and so forth.

    But, as you can see, there is no concern that you would have only 7 days to leave the premises. From the time of the sale there is built into the system a minimum of 12 days, and that assumes that everything happens like clockwork, and there is a minimum 25 days from the hearing to the sale and a minimum 25 days from the Motion for Summary Judgment being filed to the hearing. That is at least 62 days from the time the Motion is mailed. At the minimum.

    So, you can see there is plenty of time to prepare to vacate.

    You should speak to a local attorney to have a more accurate assessment of the time frame.

    Good luck to you.

    , which is to say, so that you can have an idea as to what the time


  3. Let me expand upon the very good advise given by Mr. Mosca.

    You are concerned with the amount of notice you will get before you have to vacate the property, so I am going to work BACKWARDS, in reverse order of the sequence of events.

    1. The local sheriff will post a 24-hour notice to the front of the door. Here in Palm Beach County, the sheriff's office typically posts on a Thursday or Friday, which effectively gives the resident a weekend to complete the move.

    2. A Writ of Possession is issued by the Clerk of the Court to the Sheriff.

    3. The buyer requests that a Writ of Possession be issued. In Palm Beach County, a specific Order to that effect has to be entered. In your area, the practice may be different.

    4. After 10 days have passed from the sale, the Clerk issues a Certificate of Title to the buyer.

    5. On the sale date, the Clerk issues a Certificate of Sale but can not give title so that the home owner has the opportunity to raise an objection to the manner and method of the sale, if one exists.

    6. A Final Judgment is entered determining the amounts owed to the lender and setting a sale date, which by statute can be no sooner than 25 days and no more than 35 days from the judgment; however, in Palm Beach County, the Clerk is so backed up that the Clerk has requested that sale dates be no sooner than 40 days from the time of judgment---but even then, if the homeowner appears at the hearing and asks for additional time due to seeking a loan modification, or a short sale, or some other exigent circumstance, some of the judges have given the homeowner 60 or even 90 days before the sale.

    7. You receive a Notice of Hearing on a Motion for Summary Judgment. The hearing can be no sooner than 25 days from the date of the mailing of the Motion--not the Notice.

    And from here, it gets fuzzy, as we do not know how long it will take for the lender to get a hearing date; whether in Sarasota County there is a rule requiring mediation before the Motion for Summary Judgment can be filed, and so forth.

    But, as you can see, there is no concern that you would have only 7 days to leave the premises. From the time of the sale there is built into the system a minimum of 12 days, and that assumes that everything happens like clockwork, and there is a minimum 25 days from the hearing to the sale and a minimum 25 days from the Motion for Summary Judgment being filed to the hearing. That is at least 62 days from the time the Motion is mailed. At the minimum.

    So, you can see there is plenty of time to prepare to vacate.

    You should speak to a local attorney to have a more accurate assessment of the time frame.

    Good luck to you.

    , which is to say, so that you can have an idea as to what the time

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