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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33802
Experience:  15 years real estate, Realtor. Landlord 26 years
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In February 2015 I received a Summons for "Complaint

Customer Question

In February 2015 I received a Summons for "Complaint for Judicial Foreclosure of a Deed of Trust" for a lot that I own in the State of Oregon.
Then I received a Motion to Dismiss, that was dated May 27,2015. It states that the Plaintiff, Bank of America hereby moves the court for an order dismissing all unknown occupants w/out prejudice because the Plaintiff is no longer seeking relief requested in the Complaint for Judicial Foreclosure at this time. In the same envelope, there was a "Limited Judgment of Dismissal" granting the plaintiff's motion to dismiss.
In the same envelope was a Motion for Order of Default against me.
I could no longer make the payments and stopped doing so in early 2012, or thereabouts, at least as I can remember. Is this foreclosure moving along ? I am hoping so, but would like a confirmation of such. What can you tell me from the information provided?
What can I expect, and when, to happen next? Thanks so much.... Vicki
i
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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When the original summons was received, did it name other defendants other than you in the case?

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Was the property occupied by tenants when you received the summons?

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thanks

Barrister

Customer: replied 1 year ago.
The property is a lot, bare ground. No, no tenants. And no other defendants were named, except for legal jargon" VTJ (me)" an indiv and all other persons, parties, or occupants unknown claiming any legal or equitable right, title, blah blah blah! Does that help?
Expert:  Barrister replied 1 year ago.

Ok, then they just listed the "unknown occupants" just to cover themselves in case there was some type of squatter on the land.

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With that said, they are asking the court to enter a judgment granting them the right to proceed with a sale of the property due to a default in the contract regarding payments.

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If they get a default judgment, which is likely, then they can sell the property at public auction to the highest bidder. If the property doesn't sell for at least what is owed on it, then they could pursue you in court for a deficiency judgment for the difference between what it sells for and what is owed on it.

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thanks

Barrister

Customer: replied 1 year ago.
Will I know when they receive the default judgement?
Expert:  Barrister replied 1 year ago.

Yes, the court would send you notice of the default judgment being entered against you.

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thanks

Barrister

Customer: replied 1 year ago.
It seems ridiculous that this has taken them so long. What would you anticipate the flow might be from this point forward? First they must be awarded a default judgement, then they can proceed to the court house steps? Do you think this will be completed this year?
Expert:  Barrister replied 1 year ago.

What would you anticipate the flow might be from this point forward? First they must be awarded a default judgement, then they can proceed to the court house steps?

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Correct. It usually takes 5-6 weeks to get the foreclosure sale scheduled after the default judgment, but this depends entirely on how aggressive the lender is. It could take months if they aren't in any particular hurry.

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Do you think this will be completed this year?

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Honestly, there is no way to tell as it is entirely up to the lender as to how soon they file for a foreclosure sale once they get a default judgment. But if they proceed normally, then yes, it should be completed well before the end of the year.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks so much, so now I should be on the lookout for the default judgement. It has been 90 days, it seems like it should be coming soon..... thanks for your help. Hopefully this is the last question! Best, Vicki
Expert:  Barrister replied 1 year ago.

Yes, the clerk will mail you out a copy once it has been entered.

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And you are very welcome. Glad to help any time..

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thanks much

Barrister

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