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Florida Foreclosure Questions & Answers
1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Q: Am I able to initial sale of our house when i am only on the deed and not the mortgage?

Initiate the sale... I am seperated from my husband. Our home is in His Name mortgage and deed and mine is on the deed. The Mortgage is not being paid and I have moved out. Want to sell so it does not go into forclosure. He is on drugs and does not seem to be doing anything. What am I able to do... Read more »

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Oct 26, 2022

Unfortunately, the deed is what controls who owns the property, and has a right to sell it. So all parties to the deed will have to agree. It is my understanding that a Realtor won't even entertain listing a property for sale without a signature from all the owners.

It may be time to...
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1 Answer | Asked in Foreclosure, Estate Planning, Probate and Real Estate Law for Florida on
Q: As a personal rep in FL am I able to sell a homestead property with a reverse mortgage if one of the heirs lives oversea

And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?

Sherri B. Simpson
Sherri B. Simpson
answered on Oct 25, 2022

That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property... Read more »

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Won a HOA foreclosure sale in FL. Bid is over the HOA Lien. Will the surplus funding assign to the first mortgage?

Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 21, 2022

Here's how it works: the plaintiff (HOA) is paid first, then any subordinate lienholders (subordinate to the HOA), then the foreclosed owner. The first mortgage holder (for example, the bank that holds the mortgage) doesn't get a dime.

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2 Answers | Asked in Foreclosure for Florida on
Q: what is the process of an association foreclosure. I need to stop foreclosure. I have a 1 day window to act.

I received a letter date August 19, 2022 informing me that a clubhouse association intends to foreclose on my property. I had 30 days to respond and dispute the claim (I missed this day) and if they did not hear from me within 45 day they would foreclose. This will take me to Monday to be the... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 2, 2022

Community associations, by law and the association documents, are entitled to interest, late fees, attorneys fees and costs for the collection of late assessments. Any payment is, by law, applied to these charges first, which means unless you pay the amount in full, you are at risk of foreclosure.... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Q: Florida statue 95.18 question is about the "or" meaning you have a claim if you complete A,B, and

or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2022

If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.

1 Answer | Asked in Estate Planning, Foreclosure, Civil Litigation and Probate for Florida on
Q: How can someone in jail start probate process without representation?

I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »

Heather Printz
Heather Printz
answered on Jul 26, 2022

In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Banking for Florida on
Q: I have a question regarding unprocessed payments and who should get the money.

My brother in laws house was foreclosed on, prior to this the mortgage company stopped cashing the payment checks (for five months) He was allowing a family member to stay in the house, and they paid $500 per month. As they didn’t have a checking account I sent the checks for them to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2022

You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"... Read more »

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1 Answer | Asked in Collections, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: HOA Property mgmt company has sent my account to collections without notification. How can I avoid pay of addtl fees?

Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 22, 2022

Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: I purchased an estoppel letter for a house I hope to purchase at foreclosure auction in florida

The estoppel only said delinquent and in collections but had no dollar amount as I understand it if I purchase the property I will have to pay any delinquent amount owed by the previous owner but how would I know how much since it is not listed on the estoppel

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 2, 2022

If it is in collections it should have given the name and address of the attorney handling collections. You need to hire your own real estate lawyer before you bid on a foreclosure. There could be other liens that are not wiped out in a foreclosure.

2 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I'm in Florida going through chapter 13 bankruptcy and foreclosure on my house I found loan papers with 40k in fees

I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 5, 2022

Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure... Read more »

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1 Answer | Asked in Real Estate Law and Foreclosure for Florida on
Q: Could I still register a quitclaim deed in my favor written in 2013 and stop the property sale by Partition Lawsuit?

My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... Read more »

Jane Kim
Jane Kim
answered on May 21, 2022

Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: My ex fiancé sign the mortgage but not the note. If the house defaults is the person not on the note impacted at all ?

They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 19, 2022

If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: There is HOA of rental pool for buyers to sign before sale but I able to get certificate of title via clerk of court.

Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2022

there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: If I buy condo hotel via first mortgage foreclosure, can I live on it by paying HOA assessment fees?
Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2022

Probably not. Every Declaration for a condominium hotel I have ever read specifically prohibits using it as a residential unit. Some allow you to use it short-term for vacation purposes and some do not allow owners to occupy them at all. You should hire a lawyer to review any real estate you are... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: can i pay off my deceased aunts mortgage thats in foreclosure? there was no will
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 6, 2022

If there is no will, the laws of intestacy would provide who inherits the property. Whoever inherits the property, perhaps you or another relative, needs to consult with an attorney who practices probate.

1 Answer | Asked in Foreclosure for Florida on
Q: If your boyfriend dies girlfriend's name is not on deed or mortgage , how long before bank can evict her?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 11, 2022

The bank can start eviction proceedings as soon as the mortgage payments become delinquent. If you (who I assume is the "girlfriend") continue to make the payments, it's unlikely that the mortgage will be foreclosed. But unless your late boyfriend left the property to you in a... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 10, 2022

You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.

2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
Jane Kim
answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison
answered on Aug 10, 2021

Either way Wil be fine.

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2 Answers | Asked in Foreclosure for Florida on
Q: Can my husband be sued by the bank in PR, for my mother in-laws failure to pay her mortgage? We live in the US.

My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 3, 2021

You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... Read more »

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