Jacksonville, FL asked in Foreclosure and Real Estate Law for Florida

Q: A final judgment was entered Dec. 2012 and sale date set for March 2013 but it never went to sale. What can I do?

Can the property be Quit Claimed over to someone who can then do a Quiet Title?

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2 Lawyer Answers
Jennifer Isaksen
Jennifer Isaksen
Answered
  • Foreclosure Defense Lawyer
  • Bushnell, FL
  • Licensed in Florida

A: That should not be the case. There were some foreclosure cases that were part of a class action and were put on hold because the paperwork was not correct. You can wait it out or work it out with a modification of your mortgage. The only way I can see that you could lose it would be if the lender stopped paying the taxes, it could go to tax deed sale and title would transfer to the buyer at tax deed sale, but you would receive notice of that prior to any sale. I would save your money and explore your options with the bank if you plan to stay there. Best of Luck! Jennifer

Mark Siegel
Mark Siegel
Answered
  • Foreclosure Defense Lawyer
  • Sarasota, FL
  • Licensed in Florida

A: The Final Judgment is most likely a lien on the property that a subsequent party would take the property subject to the lien. The only good news is that the mortgage would be merged into the Final Judgment, which could expire sooner. You should be able to negotiate with the plaintiff for an amount to satisfy the Final Judgment.

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