Get free answers to your Foreclosure legal questions from lawyers in your area.
What is considered a First Mortgage in the State of Fl?
Is it based by date or satisfaction?
The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.
The first two mortgages on the property in 01 and 03 both have... View More 
answered on Mar 31, 2020
Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... View More
Estimated legal fees the estate incurred for the case between $75K and $100K.
$30K were paid to creditors per probate case public information.
Estate owes Co-op $19K. Representative claims to have no money left. In conversation, representative hinted to "other parties"... View More
answered on Mar 14, 2020
If you are a member of the co-op you are probably entitled to a full accounting of all of the settlement details.
Last November my dad passed away. His only "asset" in Florida was a promissory note and mortgage he did to my brother on 2008 to help him buy a house. My brother is the mortgagor and my dad the mortgagee. We have initiated the probate process. My brother never made a single payment on... View More
answered on Feb 21, 2020
Yes, the estate can probably foreclose the mortgage. Each failure to make a payment would be a default, so a failure to pay 4 years and 11 months ago would be a default not barred by the statute of limitations.
My dad passed away and we have started the probate process. The only "asset" my dad had was a mortgage made out to my brother. My brother never made a single payment. Now he says he has an affidavit signed by my dad a year before he died statting that my brother paid the mortgage and... View More
answered on Feb 13, 2020
It would depend if the affidavit is the equivalent of a satisfaction of mortgage.
Buy a house. Lended the money as a form of a mortgage. My dad was the mortgagee and my brother the mortgagor. The mortgage was recorded and it was prepared by an attorney. Unfortunately my brother never made a single payment to my dad. My dad passed away last year. We have started the probate... View More
answered on Feb 13, 2020
First, there is a 5-year statute of limitations which may be a problem. And the affidavit, if genuine, may also bar recovery by your father's estate.
You indicate that you "have started the probate process". Do you mean you have filed a probate case? Because generally... View More
Was facing foreclosure TWICE with them now and because of their errors, looks as if I will face it again! Can not avoid all their ""fees" added to everything after they say they were removed etc.. its crazy
answered on Feb 13, 2020
Hiring a very experienced lawyer to write Freedom Mortgage a strong letter might slow these people down and get their attention. Search for an experienced banking lawyer here on Justia to help you.
answered on Jan 27, 2020
It appears from your question that you are a pro se DIY foreclosure "specialist". You need the lawyer you should have hired at the outset: a lawyer who does foreclosures, creditors rights and bankruptcy.
You will need help now.
Good Luck
d
140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?
answered on Jan 17, 2020
You need to visit with a foreclosure defense/bankruptcy lawyer TODAY. From you question I cannot understand if your home mortgage is in foreclosure, or you are being sued on a student loan. In either case, run, do not walk to a good bankruptcy lawyer in your community.
a condo is for sale at the sarasota county website. The Plaintiff is the HOA and legal doc's say the plaintiff's max bid is the exact amount of what is owed to the HOA for late fee's, etc. The Defendant on the case is the owner of the condo and also Secretary of housing and urban... View More
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answered on Jan 6, 2020
The short answer is no. In family law once the father has passed away without an establishment of paternity the family court has lost jurisdiction.
Wanting to add into my opposition of motion....plaintiff intentionally misrepresented the motion since the affirmative defenses they are referring to in motion was amended prior to this motion but as detailed in the Judge's Packet and on all included paperwork, the hearing is on the striking... View More
answered on Jan 3, 2020
It's unlikely that you can claim to having been misled. Go to the hearing and explain your reasoning to the judge.
Their surplus funds $33,000 vehicles $28000 and a $25000 inheritance to be accounted for. I've been in the dark and told that I was not allowed to find out anything and so probate was over and we have never talked to this guy nobody knows him in now we're homeless because the house got... View More
answered on Dec 31, 2019
After the fact is the wrong time to start this. First, at least in Florida a non relative cannot be a personal representative if they live outside the state. Second a probate proceeding is a court proceeding and any irregularities should have been brought to the Judge's attention that is why... View More
Chapter 7, automatic stay lifted re: foreclosure. Florida case. Must the lender refile the foreclosure? The foreclosure docket says the case is closed. Or can the lender just pick up where they left off in the same, pre-bankruptcy case?
Also, can voluntary dismissal avoid turnover? The... View More
answered on Dec 19, 2019
If you voluntarily dismiss, you can probably avoid turnover.
answered on Dec 11, 2019
Yes. The fact that minor children live in the house has absolutely nothing to do with it.
i have proof of insurance during the time they say they didnt have insurance, and have emails from them, saying everything was up to date and good to go.
answered on Dec 4, 2019
If the mortgage is being foreclosed simply because the bank claims that the required insurance wasn't current, your grandparents might want to prove that as a defense.
Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... View More
answered on Nov 12, 2019
Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... View More
My ex husbands name was the only one on the loan both are names was on the deed after they made the attempt to find him and couldn't they finally decided to talk to me, I told them the only reason I was still in the house is that I was a veteran and was trying to use my vs home loan benefit... View More
answered on Oct 21, 2019
The certificate of sale is usually issued shortly after the sale. It would have sold, either to the mortgagee/ plaintiff or to another bidder. You should call the attorneys you dealt with to find out when the certificate was issued and to whom you should surrender the property.
They have done it before (wayne frier v cadlerock joint)
answered on Oct 7, 2019
Depending upon what kind of lawsuit it is, unless the documents underlying this dispute require the parties to arbitrate you can only ask the court; and if you mean you want court ordered mediation the same applies. Ask.
We moved out from PR 5years ago, we tried to sell the house in PR but we couldn't. We decided to voluntarily turn in the house to the bank under the loss mitigation program. The bank didn't approve the turn in, they said we have sufficient income to keep paying. We were foreclosed. Can a... View More
answered on Sep 19, 2019
Yes, they can attempt to collect the judgment in Florida. If they record it in the county where the house is located, that constitutes a lien. They can collect the judgment by, as is most common, garnishing your wages or bank account. If that happens, you will be given a hearing at which you... View More
I live in Florida. Rented an apartment in February of 2019, 2 months later the apartment goes into foreclosure... Can I legally stay until my lease ends in February ? I was told I have 90 days to move out
answered on Sep 16, 2019
Who told you to move out in 90 days? The landlord/ mortgagor/ defendant in the foreclosure action can't evict you unless you have violated the lease. Otherwise, the purchaser at the foreclosure sale can evict you; has the foreclosure sale been scheduled yet?
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