CreativeBlock
Member
What is the name of your state (only U.S. law)? Florida
Long story short, over 6 months ago, we were served with a Lis Pendens on our homesteaded property for a default on our mortgaged home. We requested and received a reinstatement amount (to pay back the past due amount and become current) and paid such amount within the time allowed.
We have contacted our mortgage company (Bank of America) and they have stated that all foreclosure actions have been canceled and the loan completely reinstated. We have been told several times that the attorney who was hired by BOA was instructed to cease and desist all legal action against us ~ we were even told (by a BOA customer advocate and the foreclosure/retention department) that the attorney would then file whatever paperwork required to release/remove the lis pendens and close the case with our local court.
As I said, it's been over 6 months and nothing has been done on the attorney's part. Calls to said attorney result in voicemails and no return calls. In fact, his law firm has been in the news recently for "fraudulent" activity re foreclosures.
(We were at fault and I am not trying to imply that our case was handled fraudulently)
At the time of the service, we were able to file, pro se, our response (which stated that we would be paying the amount due in fill and reinstating our loan). My question is can we file a petition to remove the lis pendens pro se? Or would that have to be filed by the plaintiff (in this case, the absentee attorney)?
We were told that since we reinstated the loan, the release would "automatically" be filed ~ is that normally the case?
Any help, advice, etc is much appreciated. Thank you in advance.
Long story short, over 6 months ago, we were served with a Lis Pendens on our homesteaded property for a default on our mortgaged home. We requested and received a reinstatement amount (to pay back the past due amount and become current) and paid such amount within the time allowed.
We have contacted our mortgage company (Bank of America) and they have stated that all foreclosure actions have been canceled and the loan completely reinstated. We have been told several times that the attorney who was hired by BOA was instructed to cease and desist all legal action against us ~ we were even told (by a BOA customer advocate and the foreclosure/retention department) that the attorney would then file whatever paperwork required to release/remove the lis pendens and close the case with our local court.
As I said, it's been over 6 months and nothing has been done on the attorney's part. Calls to said attorney result in voicemails and no return calls. In fact, his law firm has been in the news recently for "fraudulent" activity re foreclosures.
(We were at fault and I am not trying to imply that our case was handled fraudulently)
At the time of the service, we were able to file, pro se, our response (which stated that we would be paying the amount due in fill and reinstating our loan). My question is can we file a petition to remove the lis pendens pro se? Or would that have to be filed by the plaintiff (in this case, the absentee attorney)?
We were told that since we reinstated the loan, the release would "automatically" be filed ~ is that normally the case?
Any help, advice, etc is much appreciated. Thank you in advance.