Get free answers to your Foreclosure legal questions from lawyers in your area.
This could become federal but the civil filing continues to know I have no attorney because of the facts above
answered on Jan 17, 2025
Sorry to hear you are going through that ordeal. Your inquiry is vague as to whether you or someone else is the embezzlement victim, but I'm guessing from your wording that your lawyer had to withdraw from your case because he/she has been charged with a crime against someone else, and the... View More 
My son in laws mother is wanting him to sign over the deed to her even though he has to default on the loan because he cant afford it. She lives in the home with him and is a Moor, I have read they do mortgage fraud. She is not wanting to take the mortgage, just the
deed. What legal... View More
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answered on Jan 10, 2025
The conveyance would be another reason for default because of the due on sale term. Mother would take subject to the mortgage, and would not stop the foreclosure. She might be able to pay it off though. Fraud is not the issue, foreclosure is.
The note has since been charged off and no foreclosure has ever been pursued. The last payment was made December of 2015. What are our rights ? Ownership? What if we wanted to sell it?
answered on Jan 9, 2025
If the mortgage was secured against the property, you will have to pay off the loan balance to sell. If the property hasn't been foreclosed, you are still the owners. A title search will provide a clearer picture. Schedule a free consultation to discuss all of your options moving forward.
The individual foreclosed on the house. House was auctioned off total balance was paid. Now there's a foreclosure on my credit. Question is because there was not a loan from the bank can I get a FHA for a new home
The entity needs that was on the mortgage agreement I didn't know until recently but that entity wasn't even active and I just found out a couple days ago that one year after I signed my mortgage agreement with them that same entity signed over a quick claims deed to themselves with an... View More
Property damage claims in 2022 and 2024 Insurance Company, and mortgage companies have withheld in repair funds.
We need an attorney to:
1. File and pursue litigation against our insurance company and the mortgage company for breach of contract.
2. Secure the withheld funds... View More
answered on Nov 22, 2024
A Florida attorney could advise best, but your question remains open for over a week. You have probably already been searching for attorneys. You could supplement your efforts with the "Find a Lawyer" tab above, which lists attorneys by region and practice area. You could also look into... View More
he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?
answered on Nov 10, 2024
Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.
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answered on Sep 24, 2024
The party who signs the note is the one that's responsible for payment. But if that party does not pay, the lender can typically foreclose the mortgage and force the sale of the property.
The purchase was made before I knew him and he hid this from me. They have served him and keep asking if anyone over 18 lives with him. Do they have a right to involve me in these proceedings?
answered on Sep 2, 2024
You will not have any financial involvement in the foreclosure. However, as an occupant of the property you may be named as a tenant in the foreclosure case. There are a lot of options for people in foreclosure that can lead to a positive resolution - loan modification, sale of the property, deed... View More
I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street
answered on May 23, 2024
It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More
How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More
answered on May 2, 2024
This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.
Me and my siblings would like to know the steps to take to obtain the funds. Thank You!
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answered on Mar 1, 2024
In Florida, if your deceased mother's home was sold at foreclosure and she owned a 50% interest, you and your siblings need to follow several steps to claim any surplus funds from the sale. First, you should contact the clerk of the court in the county where the foreclosure sale occurred to... View More
I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?
answered on Feb 15, 2024
It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More
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answered on Feb 5, 2024
Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:
- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days... View More
Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,
answered on Sep 23, 2023
I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More
was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More
answered on Aug 29, 2023
The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More
A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.
There is no sale date as of yet.
I'm trying to sell my house before anything happens.
My questions are:
- About how long will it take for the attorney to set a sale... View More
answered on Jul 7, 2023
You can absolutely sell your house prior to foreclosure. The foreclosure process in Florida is a judicial foreclosure and takes a while to accomplish, sometimes 18 months or more. However, it can happen much quicker if you do not file an answer in the case. If you sell the house before the... View More
We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More
answered on Jun 13, 2023
After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More
Have to vacate the property?
answered on Jun 7, 2023
Technically, once title transfers to the new owner the previous owners should vacate immediately. However, that is not feasible in many circumstances, and the new owner who purchased the property at the foreclosure sale may be willing to give the former owner assistance with moving in an agreement... View More
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