Written by Michelle Garcia Gilbert, Esq.
Gilbert Garcia Group prides itself on having a high touch combined with high technology, in order to provide clients with the best, timeline driven default legal services. And now we have improved on our best foreclosure timeline of three and a half (3 ½) months, and on our average timeline of six (6) months!
Our client had a deadline for first legal and sale that was delayed, and they needed us to file the case as expeditiously as possible in Pinellas County.
Day 1: We assigned the case to one attorney who worked with our team to order a rush title search, while we requested the original collateral file, which is required in Florida, from our client.
Day 2: We received title search end of day, and began drafting the complaint, which we completed on Day 3. We sent the verification of complaint (VOC) to the client by email.
Day 3: We emailed the VOC and complete complaint package to the client, who reviewed and signed the verification of complaint, and emailed the signed VOC to us end of business on Day 3. Client also mailed original VOC to firm for our records.
Day 4: Firm electronically files the complaint package and escalates sending summons for the party to process server, who heads out to serve on a rush request. Borrower has vacated the property, but his son happens to be at the premises and says that his father is rehabilitating at a local nursing home after falling. The son says he is making living arrangements for his father, his father does not want to retain the home, and asks that we contact the attorney the son has retained for his father. The process server goes to the nursing home to serve the father, so we can start the twenty (20) day count for a response.
Day 5: Firm prepares a consent to judgment and sends it to the borrower’s attorney for review and execution. A signed execution is filed in the court file, seven (7) days after the borrower is served.
Day 6: Firm attorney delivers a consent judgment package with a cover letter to the judge’s chambers, and asks if the judge would review and enter the judgment as soon as possible. Judge takes the request under advisement.
Day 9: Judge signs the judgment and an electronic copy is emailed to the firm. The judgment sets the sale thirty three (33) days out.
Several factors contributed to the swiftness of this timeline: the only defendant was the borrower, the client promptly provided collateral and returned the verification of complaint to the firm for filing, and the borrower wanted to relinquish the property, which his attorney facilitated. The firm also facilitated our fastest foreclosure timeline by dedicating attorneys and team members to “handhold” the case. But this is pretty much how we handle all of our cases! If only every case in a judicial case had a nine (9) day timeline to judgment!