Get free answers to your Foreclosure legal questions from lawyers in your area.
I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More 
answered on Apr 16, 2025
I'm sorry for your loss.
There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys... View More
I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More
answered on Mar 26, 2025
There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More
I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More
answered on Mar 26, 2025
The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More
My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More
answered on Feb 24, 2025
The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More
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
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
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 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
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 31, 2024
There are several questions that you have posed. The answer to each one is outlined below.
Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to... 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 was accidentally CC'd on several emails between my homeowner's insurance agent and my lender. The lender instructed the agent to change his lien placement from second position to first, and she complied, citing the addition of force-placed insurance as justification. When I originally... View More
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answered on Apr 12, 2025
Lien positions generally follow the "first in time, first in right" rule, which means whichever lien is recorded first in the land records has higher priority than later recorded liens. www.nolo.com This established principle determines which lenders get paid first from any proceeds in... 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.
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.
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.
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
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