All Forum Posts by: Lubasha White

Oh guys, you are great! I am so amazed with your knowledge!

Knowledge is the only thing that works but another only thing it is so hard to find.  Yes I will look attorneys for plaintiff, just checked the LP file and see their names and number! What is surprising, I probably saw the area code of that # in my incoming calls, but ignored it like someone who dialed wrong number!

Will call first thing when working hours begin in the morning!

Have a very good night everyone!

Please, would my certified letter to Bayview with request of info about filed LP prevent them to file default on me? I sent it last week and it seems I have only 2 days left before deadline. I don't mind to pay but technically how it works?  

Marie,

This is a standard procedure in FL, when you buy property at foreclosure auction in 10 business days you receive from court the paper called Certificate of Title. It says "The undersigned Clerk of the Court certifies that the executed and filed a Certificate of Sale in this auction (date) for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections."

I wonder, if the words "no objections to the sale have been filed within the time allowed for filing objections" mean anything for sold property?

Marie,

I am very happy to hear your encouragement.  Do you think that I need attorney just to make that payment to Bayview if this is my only option? I wish to stop bleeding as soon as possible and saving a few thousands might mean a world for me.

K. Marie Poe

Original holder of the mortgage 1993 is FIRST UNION NATL BANK. It is not named in Judgment with Branch Banking that foreclosed on property in March 2015. Instead it says that defendants are former owners and individual defendants… weather said unknown parties may claim an interest as spouse, heirs, devisees, grantees, or other claimants…

Attorney #3 suggested that mortgage 1993 was sold to Bayview after the property was foreclosed in March 2015 and I bought it.

As I mentioned before, mortgage 1993 was for 40k and Bayview claims 24k. In order to keep the property, which is a must for me, I would rather take a lesser loss and pay this note, then get wiped out from this project. I simply would not be able to recover from loss of the whole property, it’s like matter of life and death for me.

Attorney #3 states that Bayview might be not interested to accept my payoff their note and still proceed to foreclose on me against of my will, since I am not former owner but 3rd party. Could you confirm or object it please?

Patrick,

I sent you PM but did not include info that matter and will wait to hear from you to fix that ops.

Thank you everyone who is trying to help me, you are the life savers.

Wayne,

I just spoke with attorney #3 and he is talking exactly about this scenario, after 20 days of filing LP with doing nothing from my side I am in default and the debt holder escalates the case to foreclosure. I did not receive anything from them yet but I think they could attempt to contact me. I think there were notice from mail office that I have something to receive from them but I missed it  because I thought it related to different matter and did not realize it is important. So I could have it but missed it.

What would be your thought I have to do to avoid default from here? I have only 2 days left, tomorrow and Friday, I guess. Also last week I actually sent certified request to Bayview to provide me with information about LP they filed, reporting that I have none. I called them today to find answer but they said they may respond within 30 days. Does it mean they cannot file default until I got information requested?

Thanks a lot for all the tips and link, Lew. From that link I understood that Bayview might do nothing since they filed their claim and just wait until I sell the property to force me pay it off. Do you think they would be interested to contact me and discuss the matter? Or should I even bother but handle the case to attorney?

Wow, Gina, we are from the same location and I am searching for properties to buy from time to time. I see people buy HOA liens at foreclosure auctions and was always wondering why do they do that? Mortgages on those properties usually ridiculously high, which means the first loan holder will wipe you out in a blink of eye when he gets to foreclose on the property. After auction sale you will get your $ back only if senior lenders got their payoff and it will be still something left for you. I feel bad not just for you but for all those folks who buy those liens, obviously they don't know what they are doing or I have no clue what business is this. I believe those auctions should be reliable for providing comprehensive information on dangers of those type of sales, or they are simply in the business of ruining innocent people's life.

I see from public records that former owner originated first mortgage in 1977 with bank that does not appear in further records. There is no actual document available to that mortgage either. Property was foreclosed in March 2015 with value of the claim 107k (rounded) by Branch Banking and Trust Company. This bank is a successor of Bank Atlantic that gave the loan for 141k in 2007. In between 1977 and current time there is a number of mortgages recorded from different banks along with satisfactions, subordinations and financial statements.

Debt collector Bayview Loan Servicing LLC that filed LP against former owner and me in April refers to mortgage for 40k originated in 1993 by First United National Bank of FL and collector claims 24k.

I got in touch with attorney, and ordered commitment of title to understand better where I am right now. What I see, this debt collector did not serve me with any documentation of their claim, and I found about it from 3rd party. To identify if their claim is junior I should see when they bought this note but there is no evidence of this transaction in public record, or I just did not find it. That’s why I am waiting for that title search result and hoping that debt collector has no case till they served me with their claim content.

So what would be your thoughts guys at this point of perspective? By next Monday 20 days after they filed LP will expire and what I may expect next?

Thank you so much for all input you have done at this time, it is priceless and helps to see the picture in whole much better then I saw before.