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Hello, I was recently served a Lis Pendens for home I own in Florida (I now live in MO). I have been trying to short sell the property for 9 months and have currently 5 offers pending. My primary mortgage holder had approved the short sale several months ago and we have been waiting on the secondary mortgage holder’s approval. After approximately 3 moths of waiting, the first Mortgage holder had recently denied the short sale (due to the long wait I believe) and had proceeded with the foreclosure. My real estate company has recently re-filed the short sale paperwork with the Primary mortgage holder while we continue to wait for the secondary’s approval. I have a just few days to respond to the Lis Pendens and cannot afford to hire an attorney. Can I respond to the Lis Pendens myself? If so, what information should I include in my response?
State/Country relating to Question: Florida
Why was the Lis Pendens filed on the house?
I haven't been able to pay the mortgage since January.
Yes. You can respond to this Lis Pendens yourself and you must do so within 20 days of the service to you. Be very brief in the answer and tell the court that you have been trying to arrange a short sale but have had difficulties getting the second mortgage lender on board with the short sale. Tell the court that you are still attempting to make this happen and request an extension of time on the foreclosure. The next step will be a hearing in front of a judge on this matter -- either you or your representative will have to appear at this hearing and you can ask for a bit more time to try to get the short sale to go through. However, a sale date will be ordered at this hearing if you have been unable to work something out regardng the short sale. You may be able to get as much as 75 days before the sale date. I hope this information points you in the right direction. GOOD LUCK.
Lawyer
13 years experience in general law: RE, Consumer Prot., Family, Wills & Estates, Emplymnt, Crim Law
Thank you very much for your assistance Mary. It is greatly appreciated!