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Best way to respond to a pre-foreclosure Lis Pendens

Customer Question
Lis Pendens received 09/28/08 stating...
Lis Pendens received 09/28/08 stating that my home is being foreclosed by first mortgage holder. I am unable to make the payments due to age and inability to find work. Wife also unable to work due to medical reasons. Should I respond directly via letter to the court and filing attorneys or hire a lawyer to respond. My goal is to seek a short sale of the home, stay in it as long as possible and maintain the home properly to assist the sale. First lien: $475,000; home equity line of credit $154,000. Current asking price $699,000. Pinellas County, Fl
Submitted: 9 years ago.Category: Real Estate Law
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Answered in 28 minutes by:
9/30/2008
Real Estate Lawyer: Ray, Lawyer replied 9 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,440
Experience: Texas Attorney for 30 years dealing in real estate
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Thanks for your. My advice here would be to hire the lawyer to write letter requesting a short sale and setting out your offer. These days if you aren't in arrears they won't talk to you. But this is very possible. This appears to be your best solution to the matter.

 

A lawyer could certainly get the ball rolling here. I believe you have given this thought and it may be the best alternative for you. You have a tough situation but this would get you out from under the house even if it is with some debt. I would hope the lender would work with the lawyer to resolve and allow. You have my sympathy for the situation. I wish you good luck..

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Customer reply replied 9 years ago
My question is whether it is necessary to have an attorney file a response, or whether I can write my own letter to the court and plaintiff's attorney. I can certainly write a hardship letter and request a short sale and authorize my realtor to discuss details of the short sale. Is this as valid (i.e. legally binding in the state of Florida) as having an attorney file a formal response to the notice of Lis Pendens about plaintiffs having filed a suit to foreclose on my property?
Real Estate Lawyer: Ray, Lawyer replied 9 years ago
You can represent yourself. There is certainly no prohibition from doing so. Then they will have to deal with you. You can always be your own lawyer so to speak. They call this pro se. Good luck here..
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,440
Experience: Texas Attorney for 30 years dealing in real estate
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Customer reply replied 9 years ago
This response was accepted only because I gave up in my effort to receive a responsible, helpful answer. I had hoped to learn reasons that pertained to Florida law, suggestions for how to delay the foreclosure, or points to make that might encourage a lender to work with me and consider a short sale in this economy. Your advice to hire a lawyer, and then adding that I can represent myself and the legal name for doing that offered zero help. Perhaps I didn't ask a specific-enough question. My advice to others: Save your money. Do you get what you pay for where lawyers are involved? Judge for yourself, but I think we don't. Sad, but true.
Real Estate Lawyer: Ray, Lawyer replied 9 years ago
Here's more reference for you. If you have more questions please feel free to ask here. You have many rights in Florida and defenses. The web site goes over these including redemption. ..


http://www.helpwithlaw.com/foreclosure.htm
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Ray
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