Get free answers to your Foreclosure legal questions from lawyers in your area.
I called chapter 13 trustee they told me to contact my bankruptcy lawyer or bankruptcy court no one is doing anything, what do I do
answered on Jul 5, 2022
Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure... View More 
My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... View More
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answered on May 21, 2022
Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... View More
They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... View More
answered on May 19, 2022
If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.
Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.
answered on May 12, 2022
there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact... View More
answered on May 12, 2022
Probably not. Every Declaration for a condominium hotel I have ever read specifically prohibits using it as a residential unit. Some allow you to use it short-term for vacation purposes and some do not allow owners to occupy them at all. You should hire a lawyer to review any real estate you are... View More
answered on May 6, 2022
If there is no will, the laws of intestacy would provide who inherits the property. Whoever inherits the property, perhaps you or another relative, needs to consult with an attorney who practices probate.
answered on Apr 11, 2022
The bank can start eviction proceedings as soon as the mortgage payments become delinquent. If you (who I assume is the "girlfriend") continue to make the payments, it's unlikely that the mortgage will be foreclosed. But unless your late boyfriend left the property to you in a... View More
to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?
answered on Mar 10, 2022
You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.
Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help
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answered on Dec 15, 2021
You must get a probate attorney and probate the will.
If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?
My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... View More
answered on Aug 3, 2021
You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... View More
What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?
answered on Jul 25, 2021
They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... View More
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.
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