I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and... View More
answered on Jul 14, 2021
The courts cannot give you legal advice -- that would be practicing law without a license, which is a felony. Without reviewing the docket, generally you can motion the court to reset the sale.
answered on Jul 12, 2021
Without reviewing a title report I would say generally, yes. They have to clear any possible claims and interest against the property. It is especially important if there are judgments with the same name as the decedent. While the decedent might be "Joe J Smith," any judgment in the... View More
answered on Jun 29, 2021
I cannot ascertain what you are asking about? Please provide further information.
Home was deeded to me many years ago by my father who passed. Mom being elderly abs has dementiA
answered on Jun 23, 2021
Yes, the property can be foreclosed on for an unpaid mortgage no matter who holds title. The note secures the property as payment. You should consult with a mortgage foreclosure defense attorney to make sure the bank is following all of the proper protocols and naming the proper parties. You... View More
i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.
answered on May 16, 2021
Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.
settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.
answered on Apr 8, 2021
You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;
95.11 Limitations other than for the recovery of real... View More
My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... View More
answered on Mar 27, 2021
Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... View More
There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?
answered on Mar 24, 2021
Yes, until the property is foreclosed on and sold pursuant to that foreclosure.
Also the mortgage is not in default since I am the primary payer. I’m asking about his credit card creditors and if they can come after the house.
answered on Nov 27, 2020
Only in theory could they get a judgment and levy upon the house; their judgments would be junior to the mortgage
.
Can his creditors come after me or the house?
answered on Nov 27, 2020
It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general,... View More
answered on Sep 30, 2020
No, you have to pay the interest, attorneys' fees and costs. These are provided for by Florida law. If you cannot afford to pay in full you should 1) ask the law firm representing the HOA if the HOA will consider a payment plan or 2) consult with a bankruptcy attorney to see if you qualify... View More
My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... View More
answered on Sep 20, 2020
Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.
answered on Aug 26, 2020
You will if it goes to foreclosure sale. If you can pay off over 5 years you can file a chapter 13 bankruptcy. You really need to speak to an attorney asap.
Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... View More
answered on Aug 25, 2020
If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... View More
AS OF MONDAY, AUGUST 17TH THE CITY OF DEERFIELD BEACH WILL NOW BE ACCEPTING RENTAL, MORTGAGE AND UTILITY ASSISTANCE. I THEN WENT TO MY LANDLORD TO SHOW HER THIS NEW DEERFIELD BEACH ASSISTANCE PROGRAM. I THEN REQUESTED A W-9 FORM (DOCUMENT) FROM HER (LANDLORD) WHICH WAS REQUESTED BY DEERFIELD BEACH... View More
answered on Aug 24, 2020
You do what the summons tells you to do. You answer the allegations of the complaint. Applying for assistance doesnt automatically stop the eviction process.
To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer
answered on Aug 3, 2020
Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from... View More
I don't have money to fix myself.
The stove won't work at all .
I need to cook for my kids.
I don't see in lease were im liable for this.
If I refuse rent can they evict me now?
answered on Jun 4, 2020
Probably not now--but they might when the Covid-19 virus lets up. Contact a lawyer who handles landlord & tenant cases and take them a copy of your lease.
is this something I should be worried about or is this standard procedure
answered on May 25, 2020
If a foreclosure is called off for some reason, and it appears that such is the case with you, the mortgagee (the mortgage company) rightfully wants to have possession of the original mortgage and note. It will need them if your modified mortgage goes into default and must be foreclosed again. So... View More
I also want to request a minimum creditors bid, where would it be appropriate to ask for this? I am filing a summons, complaint, lis pendens, and standing order. Thanks for your help!!
answered on Apr 18, 2020
If you think you want to do this yourself, be aware that foreclosure is complicated; and since prevailing party attorney fees are normally awarded, it would be best to at least search for an attorney to do it for you. If you insist on doing it yourself, I suggest that you look at other foreclosure... View More
My grandpa died over a year ago and the mortgage company was informed of his passing and that no one had a desire for this property. A debt collection lawyer has sent me a paper in regards to the mortgage debt trying to claim me to it and this property is in ohio where he lived and I live in... View More
answered on Apr 16, 2020
You should ask in Justia > Ask a Lawyer > Ohio, but if Ohio mortgage law is anything like most places, simply ignore the paper you received; the mortgage company can't get a personal judgment against you, the best it can hope for is a judgment giving them the right to sell the property.
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