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Bank of New York filed Lis Pendens in March of 2012, I was able to elude the process server for a few months

Pompano Beach, FL |

I answered the complaint within the required time Pro SE but I have not heard from the Court as of yet. I believe the Lender has attempted to contact me by sending me Fed Ex package but I did not pick it up after the FedEx rep left me a notice on my door.
I just received a letter from a company which does Mediation and they are suggesting that I ask the Court to set up mediation. How does this work? Do I need an atorney? Is there any advantage to going thru mediation? Will I have to pay a fee? How do I find out what the status of the case is other than just Pending? Could I have missed a hearing date?

Attorney Answers 3

Posted

1. Lots of questions. Yes mediation is a better method than running away from mail and process servers. It will help give you a final result. The costs of same are typically borne by the lender. Check with the mediator.
2. Hiring an attorney is a good idea and since you are not paying your mortgage, I would encourage you to hire an attorney. You wont miss important court dates.
3. The docket page for your case is accessible on line at the clerk's office. you need your case number to access the docket.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505

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Posted

The FedEx package or certified mail will be how you learn about what is going on in your case. You have already replied to the Complaint and are now in the law suit (btw...eluding the process server only delays things a little while. It is not a defense, as service can simply be made by publication on those hide). Hiding your head in the sand by not accepting the deliveries and Notices will not make them go away. In fact, doing so will likely have the court determine that you have abandoned your case and have no interest in defending the foreclosure.

You can check the status of your case online by using the "Public Search" option at the Broward County Clerk of the Courts' website:

http://www.clerk-17th-flcourts.org/Clerkwebsite/Pages/CaseFileRequest/CaseFileRequest.aspx

If you do not want to stay in the home and don't want to be bothered, you can simply negotiate a Deed in Lieu of Foreclosure. Either way, though, yes, you need an attorney. It is not required, but it is strongly recommended.

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1 lawyer agrees

Posted

If you have already answered the complaint (formally by sending an original answer to the Court and a copy to the opposing lawyer) service of the summons is not necessary. Avoiding notices and/or mail is just not wise given that the lawsuit is pending and you have already answered the complaint. Given the choice of litigation as a novice and attempting to strike a deal at mediation I would choose mediation. My suggestions are the same to you.

While the information provided may deal with legal issues, it does not constitute legal advice. If you have specific questions related to your legal concern, you are encouraged to consult an attorney who can investigate the particular circumstances of your situation. The law is rapidly changing, and as such I do not warranty or guarantee the accuracy of this information until after a thorough legal analysis that addresses your specific concern.

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