MovieChat Forums > 99 Homes (2015) Discussion > Question about eviction process

Question about eviction process

posted 8 years ago by laplante-co-672-297856
6 replies | jump to latest

Preface: I'm Canadian so am not familiar with the American process.

Many of these people acted completely surprised and were completely unprepared for the visit by the officers and bank reps. Did they not get some sort of notice weeks or months in advance of the visit?

To me it just seemed stupid of them not to make some sort of preparations in advance of such an eventuality. They all seemed stunned and were only talking to their lawyers at literally the last minute.

It was all fine and good that they were prepared to fight or delay foreclosure, but common sense dictates that you take measures in advance to get you through while you are fighting your case.

[–] lambiepie-2 8 years ago

The surprise was...that they felt they went through the system and the system did not help.

What people need to keep in mind is that this is a drama so a lot is skipped over but occupants get notice and go through the law to take care of the problem. However it may come down with a "who files first" in courts situation.

It's a "time" game. He who files first in the legal system wins. Usually the regular person doesn't know how to work the system...

Yes, the The American Banks,etc., know exactly what the owners can do to protect themselves and only lately have there been banks who own the mortgage to work with occupants to help them save their home from financial distresses before foreclosing.

But not too long ago, many homeowners felt a need to "fight" to keep their homes, and sometimes hired the wrong people who didn't know a way around the system to help. Banks, etc., can have paid employees file lickety-split for their interests...while the homeowner has procrastinated (thinking they can get the money and stop this within time, lets say), or hire someone to file or go in on their behalf and it's too late. Hence the 'surprise' they feel at the eviction.

Oh, here go hell come. Bye 'The Soup' I'll miss you!

[–] tabbycat 8 years ago

It's called denial.

[–] manbat33 8 years ago

I got a solution to all that: just pay your rent or be prepared to leave. What do I know?

[–] lanceus 8 years ago

The ones who made preparations wouldn't actually fit into the narrative, they already would have turned in their key and moved their belongings. The others were, as mentioned, in denial, and then in shock when the dreaded day came.

Nash himself, for instance, had 30 days to vacate, but really didn't do anything useful. He said over and over that two different departments at the bank were telling him two different things, and everything was being taken care of, but he had no names, no documentation, never followed up with the court. But all the while he was telling his family that everything would be okay.

[–] jslobojan 8 years ago

He actually didn't have 30 days to vacate, he had 30 days to file an appeal. He actually says "I was in court yesterday" when the sheriff is there.

Anyway, the whole issue was that people don't know what to do, where to find information or help and the deck is stacked against them. Much dramatic license is taken but a lot of people do stick around in the home either from lack of understanding of the process, false hope that an attorney or other firm can "help" them or just not having other options.

[–] grandscholar 8 years ago

I'm Canadian so am not familiar with the American process.

The foreclosure process varies from state to state. The procedures for foreclosure in Florida (the location of the story) can be found here: http://www.nolo.com/legal-encyclopedia/florida-foreclosure-laws-procedures.html Interestingly, according to the same site, Florida has one of longest average foreclosure timelines -- well over two years.

Many of these people acted completely surprised and were completely unprepared for the visit by the officers and bank reps. Did they not get some sort of notice weeks or months in advance of the visit?

After the judgment, the bank can file for procession, leading to the sherif posting an eviction notice to the property. The tenants have 24 hours to comply.