4937 Hopespring Dr Goes into Foreclosure

[Chiquita71]

Guys they are just making the claim that B of A didn't notify them of their delinquency in the proper manner. I don't think anywhere have they made a claim that they were unaware that they were delinquent or that they were unaware that they had not made their payments.

You may very well know someone is suing or is going to sue you. But until you are properly served, you really don't know in a practical or legal sense KWIM?
I think their statements have been that they did not know that the foreclosure paperwork had been filed and in reality who would know unless they are checking court records daily or are notified?

I think their statements are accurate but are being interpreted too literally. JMHO of course.

Respectfully Quoted JBean
BBM

Well, they didn't make their payments in a proper manner. LOL.

And, isn't that like leaving your barn door open yourself, your horse getting out and you being mad at the manufacturer for not letting you know when it happened that it was happening? And now you are mad at the manufacturer for losing your horse?
LOL.

It's just more Anthony spin, IMHO :hypno:

:twocents:

 

[sleutherontheside]

For those concerned with who pays the Foreclosure mediation attorney...

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=florida_supreme_court_orders_mediation&more=1&c=1&tb=1&pb=1

Caveats/details:
1. Homeowner pays none of the mediation costs upfront but can be charged with the costs in the Final Judgment;
2. Only Florida Supreme Court certified mediators will be referred cases;
3. The mediator requirement only applies to cases filed AFTER the order (but I can foresee judges agreeing to a Motion to Compel/Request Mediation in pending matters);
4. Mediation fees are capped at $750;
5. New requirement that lender must prove they hold the note.

 

[Intermezzo]

You know, I could believe that in a time of havoc, such as the first month - and I'll even stretch it to 2 months - when Caylee was reported missing, that someone could simply forget to send in their mortgage payment. I could certainly understand that. Or maybe the month Caylee's remains were found, certainly, you could be so distraught that writing your mortgage check just isn't a priority on your mind.

But... there is no way anyone can forget to pay their mortgage for nine months - and this long after the initial havoc occurred. It simply can not happen. It is a deliberate choice, and a series of deliberate actions - nine choices and nine actions - month after month after month - not to pay the mortgage you are obligated to pay.

Their new attorney is going to have to try a whole lot harder to drum up sympathy for this one.

BeanE I totally agree with you post especially the part in Bold

I do not believe the A's "forgot" to make mortgage payments.
I agree with you, it was a deliberate and calculated move on the part of the A's, they chose not to make the payments.

CA also chose not to return to work. She could have gathered her strength(and whatever meds she may or may not be on due to stress) and returned to work and an income. She chose not to.

 

[Intermezzo]

ITA! So was it on legal advise from BC not to pay their debts until the Bank of America notified them or is this a technicality they learned from the new lawyer they apparently can't afford? Like they knew this all by themselves. :banghead:
I hope they continue to reap exactly what they sow in this lifetime. IMO, there's no chance any of them will be meeting up with Caylee in the afterlife so save your pills GA. There's isn't even an icon to express how nauseated I am.

BBM
Ya know KaRN, I am starting to believe they were given advice by someone, I don't necessarily believe it was Brad but perhaps other "friends" who have gone thru the foreclosure process before :winko:

 

[LambChop]

Maybe the dogs ate the BOA notice. JMO

 

[Aedrys]

For those concerned with who pays the Foreclosure mediation attorney...

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=florida_supreme_court_orders_mediation&more=1&c=1&tb=1&pb=1

Caveats/details:
1. Homeowner pays none of the mediation costs upfront but can be charged with the costs in the Final Judgment;
2. Only Florida Supreme Court certified mediators will be referred cases;
3. The mediator requirement only applies to cases filed AFTER the order (but I can foresee judges agreeing to a Motion to Compel/Request Mediation in pending matters);
4. Mediation fees are capped at $750;
5. New requirement that lender must prove they hold the note.

Thank you so much for clearing that up! I was sitting here, thinking, how are they paying this lawyer, with Monopoly money?

Interesting the the mediation fees are almost as much as one of their mortgage payments...isn't that ironic?

And what will they pay him with after final judgment? At least this is not another high prodfile wacko lawyer that wants in on the A train...

 

[Bforster]

Ok I normally lurk around with making a few statements here and there, I had to come out of hiding for this one.... If I or anyone else had not made their house payment we would be forclosed on..thats just what happens! I dont understand why they say the bank didn't notify them, I would think they should have know they were not making their motgage and thats what happens when you don't pay your bills.. forcloser, collections.. I am sure that they must have gotten late notices and threating letters in the mail. are they really that stupid to think that the rest of the world around them has stopped because of all this?? Hell my husband was laid off for 10 months I worked twice as hard to make ends meet, and I'm not a nurse.. Cindy needs to get back to work and life in general...nothing is going to happen to KC till next year and she can't bring her granddaughter back. Cindy sitting at home has not been helping her money wise or mentally and things are only going to get worse if she does not start helping herself first and worring about KC last. I have never been so angry with people that I have never met before the Anthonys

 

[sleutherontheside]

Additionally........the mediators can not just be any real estate attorney but must be approved as a foreclosure mediator. I saw somethin in my search that discussed that new foreclosure filing include additional fees paid by lender to assist the cost of mediation but I think it may have been another state. Will look further for info.

 

[Intermezzo]

Guys they are just making the claim that B of A didn't notify them of their delinquency in the proper manner. I don't think anywhere have they made a claim that they were unaware that they were delinquent or that they were unaware that they had not made their payments.

You may very well know someone is suing or is going to sue you. But until you are properly served, you really don't know in a practical or legal sense KWIM?
I think their statements have been that they did not know that the foreclosure paperwork had been filed and in reality who would know unless they are checking court records daily or are notified?

I think their statements are accurate but are being interpreted too literally. JMHO of course.

JBean, I understand what you are saying and I do agree.

I haven't read they forgot or were unaware that the monthly mortgage payments had not been made..IMO Of course they knew, it was a calculated move that was discussed, agreed upon and the decision reached was to stop making the mortgage payments.

I agree that the statement means they had yet to be informed of the Foreclosure Filing...yet IMO they knew it was coming and may or may not have been avoiding the BOA when calls and or letters were sent notifying them they were delinquent, to pay up or the bank will take action.

 

[Intermezzo]

Maybe the dogs ate the BOA notice. JMO

Or a Squirrel

 

[AZlawyer]

Maybe the dogs ate the BOA notice. JMO

Or a Squirrel

Or maybe it was stuck to the front door, which BOA should have known the A family does not use or look at.

 

[truckengirl]

Or a Squirrel

Those pesky little squirrels always giving the Anthonys problems, first they made KCs car spell like human decomposition and now they confiscated the BOA papers so G & C wouldnt know they werent making their house payments. Those pesky little squirrels are probably sitting in the trees laughing at the Anthonys (you know like the Windex commerical with the birds) . :floorlaugh:

 

[Dear Prudence]

For those concerned with who pays the Foreclosure mediation attorney...

http://floridaarbitrationlaw.com/blogs/index.php?blog=5&title=florida_supreme_court_orders_mediation&more=1&c=1&tb=1&pb=1

Caveats/details:
1. Homeowner pays none of the mediation costs upfront but can be charged with the costs in the Final Judgment;
2. Only Florida Supreme Court certified mediators will be referred cases;
3. The mediator requirement only applies to cases filed AFTER the order (but I can foresee judges agreeing to a Motion to Compel/Request Mediation in pending matters);
4. Mediation fees are capped at $750;
5. New requirement that lender must prove they hold the note.

Quoted from your link:
"I'm told that foreclosure defense often involves slowing the process so that the homeowner can develop alternatives."

So, the A's hire an attorney and come out with the statement about BofA not notifying them properly of the delinquency. This is obviously just an attempt to slow the process. The attorney is doing his job. But if the A's want to keep their house like they have stated, shouldn't they pay something while they are dragging out this process? Even if they can't afford the whole $785/month, shouldn't they pay any amount they can and have been doing that the past 9 months? I just don't understand letting it go this far if they really want to keep the house.

 

[FaerieB]

Or a Squirrel

Cindy was, of course making out the checks each month, and asking George to mail them, along with the other payments, the next day. Zanny, using the key we know she had, would enter the residence and remove the one check to B of A from the stack of outgoing mail. The following day, George would mail a stack of envelopes, not realizing that the one to B of A was missing. That darn Zanny! :snooty:

 

[sleutherontheside]

Quoted from your link:
"I'm told that foreclosure defense often involves slowing the process so that the homeowner can develop alternatives."

So, the A's hire an attorney and come out with the statement about BofA not notifying them properly of the delinquency. This is obviously just an attempt to slow the process. The attorney is doing his job. But if the A's want to keep their house like they have stated, shouldn't they pay something while they are dragging out this process? Even if they can't afford the whole $785/month, shouldn't they pay any amount they can and have been doing that the past 9 months? I just don't understand letting it go this far if they really want to keep the house.

Mediation does not require that they make their payments during that time. The arrears is addressed in mediation and often worked back into the new agreement if any. If you want to "walk away" you are not required to enter mediation, but the St. of FL. requires it be a mandatory option before they foreclose. This is a recent change. While it does buy time.....it also enables the homeowner to remain in the home while determining if an agreement can be met.

Additionally......lenders will not modify a loan if you are not already behind....typically by 90 days OR MORE. The backlog in defaults usually affords the homeowner even more time.

 

[JBean]

Respectfully Quoted JBean
BBM

Well, they didn't make their payments in a proper manner. LOL.

And, isn't that like leaving your barn door open yourself, your horse getting out and you being mad at the manufacturer for not letting you know when it happened that it was happening? And now you are mad at the manufacturer for losing your horse?
LOL.

It's just more Anthony spin, IMHO :hypno:

:twocents:

Hi CHiquita! No, not at all the same,imo.

 

[cuppy199]

Even if a bank forecloses you still have a period of time before the sale(equible right of redemption) and after the sale (Statutory right of redemption) if you pay the amount in default plus cost. Its diffent in every state on the time period some are as long as a year while others are 6 months or shorter. Its part of the Bundle of rights.

 

[JBean]

Jbean I understand what you are saying..but geez..If you haven't paid in 9 months..aren't u expecting a foreclosure??? Do they think they are so special..
Sorry not buying this. People know when they don't pay it will come back on you..an they can afford a new Attorney GEEZ.. Just their past shows they think they are above the Law..an go on a cruise instead of paying your Mortgage..Don't think so.
They can throw all the excuses they want, The public won't buy it..They have shown their true colors..an it isn't a Rainbow..:banghead:

Hi shotzie. Expecting foreclosure in the future and when it actually happens are 2 different things.


IMO, they knew the day would come, they just did not know in any legal sense that it had literally arrived. This is not uncommon because the foreclosure process in FL is slow and bogged down.

If I told you that I was going to sue you, but never served you proper legal notice, would you watch the court calendar in anticipation of it and show up in court? I hope you wouldn't, because you are not required to until you are properly notified by the party suing you. Otherwise people could get default judgements all day long because no one would know they were being sued.

There is nothing wrong with expecting to be notified if someone is taking you to court. It is how the system works.

 

[RR0004]

Guys they are just making the claim that B of A didn't notify them of their delinquency in the proper manner. I don't think anywhere have they made a claim that they were unaware that they were delinquent or that they were unaware that they had not made their payments.

You may very well know someone is suing or is going to sue you. But until you are properly served, you really don't know in a practical or legal sense KWIM?
I think their statements have been that they did not know that the foreclosure paperwork had been filed and in reality who would know unless they are checking court records daily or are notified?

I think their statements are accurate but are being interpreted too literally. JMHO of course.

Speaking from personal experience...ya get LOTS of letters prior to that. Some are date specific. With your own attorney on retainer, you'd think it's not a stretch that they knew what was coming...and when. It just takes a phone call to find out.

PS- just realized that may not be what you're talking about. lol

 

[RR0004]

I hadn't realized the A's finances could actually come into play regarding Casey's indigency. Thanks for the information ~ I can't watch during the day and totally missed this. MOO

Yup...and in the beginning we also discussed how their homeowner's insurance company could be in the position of paying out. It was so loooooooooong ago, though!