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Florida Foreclosure Questions & Answers
1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: My glass top on stove cracked. Apt complex refuses to fix. Can I refuse rent? Can they evict in Florida now?

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?

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

1 Answer | Asked in Foreclosure for Florida on
Q: Why did my mortgage company request an order to release original documents after doing a loan modification?

is this something I should be worried about or is this standard procedure

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

1 Answer | Asked in Foreclosure for Florida on
Q: I am a pro se litigant filing foreclosure. How and where in the forms I file can I request a fast track foreclosure?

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!!

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

2 Answers | Asked in Foreclosure for Florida on
Q: A debt collection lawyer is trying to take me to court about my dead grandpas mortgage. what do I do?

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: What is considered a First Mortgage in the State of Fl?

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... Read more »

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

2 Answers | Asked in Civil Litigation, Contracts, Foreclosure and Probate for Florida on
Q: FL Co-operative assessed $250K to settle negligence case with Estate of Deceased Member. How to verify disbursements?

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"... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

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1 Answer | Asked in Real Estate Law, Foreclosure and Probate for Florida on
Q: How long after the firsts defult mortgage payments can I foreclose on a property?

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Can my brother cancle a mortgage my dad made to him with a sign affidavit? My dad was the mortgagee and him mortgagor

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... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Feb 13, 2020

It would depend if the affidavit is the equivalent of a satisfaction of mortgage.

1 Answer | Asked in Estate Planning, Probate, Foreclosure and Real Estate Law for Florida on
Q: I guess my question is regarding probate and inheritance. 10 years ago my dad in the intent of helping my brother to

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... Read more »

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

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Florida on
Q: Looking for any lawsuits filed against Freedom Mortgage as I have been fighting with them for 5 yrs now. Can any1 help?

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

Bruce Alexander Minnick
Bruce Alexander Minnick 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.

2 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: Had foreclosure case against subject who 30 minutes before court claimed bankruptcy. What type attorney should I retain?
David Luther Woodward
David Luther Woodward 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

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3 Answers | Asked in Bankruptcy and Foreclosure for Florida on
Q: I am a full time student. I have a collection agency foreclosing on my house I see judge 2/14. I owe 20000 house worth

140000. USDA rhs was my lender. What can I do. Can I sell before 2/13? And pay the 20000?

David Luther Woodward
David Luther Woodward 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.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: What happens to an FHA loan on a property if the HOA forecloses through a judicial foreclosure and the property sells.

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 17, 2020

Yes, if the FHA mortgage is senior to the HOA lien.

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2 Answers | Asked in Family Law, Foreclosure and Child Support for Florida on
Q: Is there anyway I can establish paternity of my son's deceased father although I do not know any of his family
Rand Scott Lieber
Rand Scott Lieber 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.

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1 Answer | Asked in Foreclosure for Florida on
Q: MTN&NOH reading "Plaintiff's Motion to Strike Affirmative Defenses" but proposed order reads different.Whats that called

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.

2 Answers | Asked in Criminal Law, Estate Planning, Foreclosure and Immigration Law for Florida on
Q: How do I go about getting some pro Bono help with an illegal executor fraud And the omitting of a will

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... Read more »

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

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2 Answers | Asked in Foreclosure and Bankruptcy for Florida on
Q: Must foreclosure be refiled after stay lifted? Can voluntary dismissal avoid turnover?

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... Read more »

Timothy Denison
Timothy Denison answered on Dec 19, 2019

If you voluntarily dismiss, you can probably avoid turnover.

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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 »

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