answered on Aug 26, 2020
You will if it goes to foreclosure sale. If you can pay off over 5 years you can file a chapter 13 bankruptcy. You really need to speak to an attorney asap.
Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... View More 
answered on Aug 25, 2020
If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... View More
AS OF MONDAY, AUGUST 17TH THE CITY OF DEERFIELD BEACH WILL NOW BE ACCEPTING RENTAL, MORTGAGE AND UTILITY ASSISTANCE. I THEN WENT TO MY LANDLORD TO SHOW HER THIS NEW DEERFIELD BEACH ASSISTANCE PROGRAM. I THEN REQUESTED A W-9 FORM (DOCUMENT) FROM HER (LANDLORD) WHICH WAS REQUESTED BY DEERFIELD BEACH... View More
answered on Aug 24, 2020
You do what the summons tells you to do. You answer the allegations of the complaint. Applying for assistance doesnt automatically stop the eviction process.
To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer
answered on Aug 3, 2020
Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from... View More
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?
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.
is this something I should be worried about or is this standard procedure
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... View More
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!!
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... View More
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... View More
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.
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
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