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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2625
Experience:  Helping you with your legal questions.
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What if i dont go to Magistrate court for my mortgage,

Customer Question

what if i dont go to Magistrate court for my mortgage
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Discovery Notice: Verification of Proof of Claim Requested
JA: Anything else you want the lawyer to know before I connect you?
Customer: its in the dockets
Submitted: 4 months ago.
Category: Real Estate Law
Customer: replied 4 months ago.
I have been fighting to keep my house for years 5/2010 i think that the bank has pulled a good one on me . i am 72 month behind on my mortgage.
they want me to go in front of the magistrate , do i give up and go for a short sale or keep on fighting???
the day of court is 5/23/17 i have started a new loan mod and sent them by certified mail a Discovery Notice
Please help me I don't want to lose my house but i also do not need a foreclosure on my credit.
Expert:  Damien Bosco replied 4 months ago.

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Expert:  Damien Bosco replied 4 months ago.

If there is a court date like you say, it is better to appear than not to appear. If you do not appear, you would be in default, which could actually speed up the foreclosure process. So, going to court is better than not going to court. If you are looking to do a short sale, you can look into it as the foreclosure proceeding progresses, and possibly you can request a stay of the foreclosure proceeding if the short sale looks like it is moving forward. We can discuss more if you want to do so.

Customer: replied 4 months ago.
Is this worth fighting or as I am noticing most people lose
My wife is ready to kill me so I just want to win or give up
Not sure which way to go
If I need to hire a lawyer that can cost big money to come to court but I think I have no choice
Expert:  Damien Bosco replied 4 months ago.

If the house is in foreclosure and you have no money to pay the mortgage even if interest and penalties are eliminated, then the chances of stopping the procedure are slim. Possibly you can offer a deed in lieu of the proceeding; or a short sale as you mention. If you have follow-up questions, let me know.