Supporting, Informing & Connecting People in Foreclosure

WHAT'S AFTER LIS PENDING???

Hello all,

This is my situation and would like to make it short: Ex and I bought a house 4 years ago, I am in a process of divorce and ex
left home last year 2009. Stop helping to make payments.

He is the only Loan holder and I am in the tittle. After a long year battle
with BofA the loan modification was denied, and since I am not in the
loan the bank has suggested short sale or deed in lieu of. I was served
lis pending on July 30, 2010 and I filed my complaint 15 days later
Pro-se with help from this website and research I did.

However, my ex hasn't been served because the bank can't find him. I have checked
through court records and he hasn't been served as of today. As a
matter of fact I do not even know where he is living, I can find out
through our attorneys since the "divorce" still pending. Why? we agreed
that I won't sign no divorce documents until the loan is modified or
whatever happens. Hoping that I can keep my home, If I can't it will be
Ok.

Any suggestions to continue Pro-se. Can I file a motion request to have it dismissed since he hasn't been served? Or just wait
till he gets serve???

All of your input will be greatly appreciated!

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Permalink Reply by Kathy Utiss on November 9, 2010 at 9:44am

The fact that your receiving a lis-pendens I believe means you live in a Judicial foreclosure state. When it's non-judicial all they have to do is file a public notice w/in legal papers of their intent to foreclose.

It would help us to know what state your in. Sometimes one of us may know which attorneys will take your case pro-bono. In essence this means when they PERFORM. Much less and your had. If you think you find a legitimate attorney do a google search on them. Maybe even a bar reference check. Maybe check pacer to see if they've been in court as a defense attorney and actually won. Or if they belong to the court club of corrupt individuals that have infiltrated our judicial system.

While we may not be licensed attorneys some of them are LICENSED TO STEAL ! So be very very careful!

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Permalink Reply by S. Briones on November 9, 2010 at 10:29am

Hi Kathy,

I live in Miami-Florida and is a Judicial Foreclosure State. The bank is trying to locate him but as of today no success. Bank has filed Affidavit of Diligent search, Affidavit of constructive search, and notice of action-publication as of September 2010.

I am trying to work-prose. Since my home has lost 65% of it's value I' am looking hopefully that the bank will offer me a deal.

All of your help is greatly appreciated!

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Permalink Reply by Kathy Utiss on November 9, 2010 at 11:52am

Actually Mark Stopa, just posted info on a case he's handling....Involving the same issue...I'd review that. At any rate your in a hard situation. If you want to email me at kathyutiss@gmail.com I can talk to you about things more in depth than here. Divorce and foreclosures are hard to go thru. I can't guarantee that not finding him is enough to stop them. Or who knows maybe another written review would gain you that mod u want...But that will probably depend on your capability to repay the debt as well.

As far as your complaint has there ever been a ruling to what you put into court? That has been some time ago now...Like almost 4 months...You'd think they put something somewhere in that amount of time...I'd definitely do due diligence w/in county records and make sure they haven't done anything your unaware of...Just a warning...