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... View More

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.

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.

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... View More

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?

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.

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

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.

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

What is your question. The facts sound pretty grim

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.

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,... View More

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

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... View More

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... View More

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

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

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

I assume it's a tax foreclosure rather than a mortgage foreclosure. In any event, it depends upon the terms of your lease if you have one. If you still have, pursuant to the terms of the lease (or at-will tenancy), the right to occupy the premises when the foreclosure is complete and the... View More

In Florida, the answer is yes. Under most association bylaws, the revenue generated from the sale will likely go to the homeowners' association. Let me know if you have any follow up questions.