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Florida Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Florida on
Q: In Florida,when a house is foreclosed on and there are 3 children involved,can they be evicted?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 11, 2019

Yes. The fact that minor children live in the house has absolutely nothing to do with it.

1 Answer | Asked in Foreclosure for Florida on
Q: Grandparents house in foreclosure, reverse mortgage, lender says they didnt have insurance but i have proof they did

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.

Terrence H Thorgaard
Terrence H Thorgaard 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.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Is a person who now owns a mortgaged home via JTWROS now exposed to a lawsuit by the lender if unable to pay payments?

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... Read more »

Seril L Grossfeld
Seril L Grossfeld 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... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: If your house sells at a online foreclosure auction in orange county Florida when is the certificate of sale issued

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 to buy... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

1 Answer | Asked in Foreclosure and Civil Litigation for Florida on
Q: Florida. Being sued. How to ask for arbitration AND answer complaint. Strongly believe Plaintiff is committing fraud.

They have done it before (wayne frier v cadlerock joint)

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

1 Answer | Asked in Foreclosure for Florida on
Q: My house in Puerto Rico is foreclosed. Can a bank from PR put a a deficiency judgment on my wages if I live in FL?

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 bank in PR... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: I am a tenant that signed a lease just 7 months ago apt went into foreclosure (Florida), Can I stay until my lease end?

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

Terrence H Thorgaard
Terrence H Thorgaard 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?

1 Answer | Asked in Foreclosure for Florida on
Q: Can I be sued again in a foreclosure for a condo after I surrendered in CH7 and moved out n in 2009, foreclosed in 2012?

I filed Ch 7 in 2009 and my condo was included and “surrendered” with the bankruptcy and I moved out before I filed. The condo association took possession and began renting it out. In 2012, the foreclosure judgement was final, the condo was officially sold to the condo association and title... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2019

It's difficult to know why you are being sued without reviewing the complaint, but it does appear that you shouldn't have been named in the suit. Contact the bank's attorneys and ask that it be dismissed as to you.

1 Answer | Asked in Foreclosure for Florida on
Q: my hoa is suing me, must I retain a lawyer to represent me?

Scott Tankel

Thu, Aug 22, 10:14 AM (2 days ago)

to me, Jameson

Mr. Glover,

If you are represented by an attorney, please provide their contact information and have them reach out to our office immediately. We will not discuss this matter further with you if you... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 25, 2019

No. Do you read the letter as requiring you to retain a lawyer? If you do, you are misreading it.

1 Answer | Asked in Foreclosure for Florida on
Q: Can the bank require more than the amount awarded in a foreclosure final judgement to pay off the property?

Our home was recently foreclosed in Orange County, Florida. The court has postponed the auction because we are about to close on the sale of the property to settle the debt. The bank submitted a payoff statement to the title company that is $20k higher than the final judgement award. Isn't the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

Yes, the judgment amount (including interest accruing from the judgment date) should be the payoff. Check with the law firm that did the foreclosure for an explanation of the discrepancy.

1 Answer | Asked in Real Estate Law, Foreclosure and Civil Litigation for Florida on
Q: I have filed a request for surplus funds from the sale of my fraudulently foreclosed upon property. MUST this be....

NOTARIZED, even tho’ I am well known? I have filed a timely request in the court, but I was not informed of this by the deputy clerk. The court evidentiary hearing date was changed from July 31 to this Monday, July 29, 10:30 am, just yesterday, Friday, at 5:03 with just a phone call. The case is... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jul 27, 2019

Yes, any affidavit for a mortgage surplus must be notarized. UPS stores charge $10 to notarize a document.

4 Answers | Asked in Bankruptcy, Foreclosure, Civil Litigation and Probate for Florida on
Q: Can I join lawsuit on Wells Fargo??

Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.

David Luther Woodward
David Luther Woodward answered on Jul 7, 2019

What is your question. The facts sound pretty grim

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1 Answer | Asked in Foreclosure for Florida on
Q: I am being sued in a foreclosure. The homeowner is dead, she put me on her home as a beneficiary along with her 4 sons.

I am 65 years old. The deceased homeowner is my 30 years old daughter grandmother. I was never married to her son and was not aware that she had included me on her home information. I do not live in the home and has never lived in the home. She has 4 sons that are included in the lawsuit, two... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 4, 2019

It appears that if you fail to respond you will be defaulted and the foreclosure will move forward without you. You have been included because you might claim some interest in the property. If you are not interested in claiming an interest, you needn't do anything.

1 Answer | Asked in Foreclosure for Florida on
Q: Does every motion to the court have to have a hearing? or can I just make a statement to the Court
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2019

You want to respond to a motion? No, you can't just "make a statement to the Court". Judges are not allowed to listen to parties to a lawsuit out of the presence of all of the other parties (or their attorneys). That's the purpose of a hearing.

Normally, in Florida, most motions...
Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: My mother passed away March 19, 2019 Her home foreclose June 2019. Is it illegal not to mention heirs by name?

She had seven children and none were listed by name.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2019

Usually the plaintiff in a foreclosure case has no idea who the heirs are. So yes, of course it's legal.

1 Answer | Asked in Family Law, Foreclosure and Appeals / Appellate Law for Florida on
Q: How can you ask a Judge if she followed through on conferring with another Judge or what happened in writing to be legal

A Judge stated she would confer with another Judge after the hearing. I need to know how to request something in writing from the Judge to see if she did it or not and if she did, what did she say or if she didn't why not. I need it to be done in a way that a Judge another Judge in appeals court... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2019

I will not bother to explain why--but I will say that you are trying to go down a dangerous path leading to places you do not ever want to go.

There is no legal way to "get something in writing" from a judge "to see if she did something" that "she said she would do"--i.e., talk to another...
Read more »

1 Answer | Asked in Foreclosure, Real Estate Law, Banking and Probate for Florida on
Q: What to do when a house is destroyed during a Cat 5 hurricane and you're still going through probate.

Hello. In 2018 a deceased family member's home was destroyed by Category 5 Hurricane Michael while still in probate. We had been keeping up with all payments on the estate, until we were told by Wells Fargo that they would no longer accept payments. We have had a case open since October 2018, which... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 24, 2019

Having the probate papers will not stop Wells Fargo Bank--unless you can convince the probate judge to take jurisdiction in order to preserve the assets of the estate. This strategy will require someone with proper credentials to appraise the storm damaged property high enough to be able to sell it... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.
Jason E. Neufeld
Jason E. Neufeld answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Foreclosure for Florida on
Q: We are renters of a house in foreclosure. The courts just issued the final judgement with a sale date of August 8.

Does that mean we have until the sale date to move out or is it 30 days after the judgement? We haven't received any notice ever. But we can see it online in public records.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2019

You have until the foreclosure sale, assuming you keep paying your rent to your landlord (who will remain your landlord until the sale).

3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2019

The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.

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