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Florida Foreclosure Questions & Answers
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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1 Answer | Asked in Foreclosure, Real Estate Law, Tax Law and Probate for Florida on
Q: I WAS DEFRAUDED IN RENTING A PROPERTY . THE PROPERTY WAS FOUND NOW TO BE IN FORECLOSURE . WHAT CAN I DO . NO MORE MONEY

TO PROVIDE FOR ANOTHER RENTAL . I WANT TO PAY THE TAXES AT A LATER DATE FOR THE PROPERTY NOW THAT I KNOW IT'S IN FORECLOSURE, BUT CAN THAT BE MADE LEGAL . I HAVE A FAMILY AND I NEED TO TURN A BAD SITUATION INTO A GOOD ONE . I BEEN IN THE HOUSE FOR 2 MONTHS . PAID THE GUY 5,000 TO MOVE IN . I... View More

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

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

1 Answer | Asked in Foreclosure for Florida on
Q: Can a Timeshare Association rent a unit in foreclosure process? If so does the rental $ go to association or owner?

Timeshare in Panama City Beach Florida

Michael Hales
Michael Hales
answered on Mar 18, 2019

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.

1 Answer | Asked in Foreclosure for Florida on
Q: In Florida, can a writ of replevin be served on a deceased person?

Bank is trying to repossess deceased mother's manufactured home. She was placed in nursing home for dementia and ceased payments. I am disabled and moved out of home at that time but still live on property. 6 months later mom passed away. One month after that a writ of replevin was served to... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2019

No, the summons cannot be served on her if she is dead. You might want to contact an attorney to quash the service, but that would merely give you slightly more time, perhaps.

1 Answer | Asked in Foreclosure for Florida on
Q: Can my lender demand more money than is specified in the foreclosure judgment?

I have a pending foreclosure auction date. I have multiple offers on the house. The judgement specifies a dollar amount plus interest. Can the lender take more from proceeds of a sale? Also how do I have the judgement dismissed after we close on the sale?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 24, 2019

The proceeds from closing would be paid to the mortgagee, who would then file a dismissal of the judgment. Get an attorney to make sure it happens right.

1 Answer | Asked in Foreclosure for Florida on
Q: Is it possible to view online foreclosure records in Florida? Which county? Looking to view the entire case file

I need the whole case file. For instance in Miami dade county you can only see one page. I need the entire records to view online

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2019

Yes, check the website for the clerk of court in the pertinent county. Look for court records. Foreclosures in Florida are judicial; (as opposed to non-judicial in some states) there would be a court case for each.

1 Answer | Asked in Foreclosure for Florida on
Q: Attorney on file request to be withdrawn from case

The attorney that is handling my foreclosure case asked the court to be withdrawn from the case due to a court order against him to be removed from all cases he is handling. I was not notified and now the attorney that is that is representing the lender side has set a court date to request a... View More

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

You no longer have an attorney representing you in the case; you are representing yourself (It's called "pro se"). Get another attorney.

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: How do I determine if Land Purchased in 1925 by a Direct Blood Relative was Properly Foreclosed according to 1920s Law?

Own an Orig October 1925 Warranty Deed for a Land Parcel (.23 Acres, 4 Lots) purchased by my Great Uncle (Maternal Grandmother's Brother) from the Federal Corporation. Parcel is in Northern Florida. I am a Direct Heir. He worked/resided in both Wash DC and Baltimore at that time. Died early... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Dec 24, 2018

The statutes of limitation, doctrine of laches and waiver all will bar you from making any claim that is almost 100 years old. Most of these statutes are 4 or 5 years. At most, 20 years.

If you really wanted, you could have an attorney do an abstract of the history of title and the basis...
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1 Answer | Asked in Foreclosure for Florida on
Q: I inherited property that I did not know about, and therefore never paid the mortgage or received any notifications

about foreclosure. What can I do to stop the proceedings now that I've learned about the situation?

Christie D. Arkovich
PREMIUM
Christie D. Arkovich
answered on Dec 9, 2018

You should retain a foreclosure defense attorney who can file a response with the court on your behalf and gain you some time. That attorney can help determine what is owed on the property, and if there are any other liens other than the mortgage. If the property is worth less than what is owed,... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Do you have to appear in court for a (FL) foreclosure? I just got a letter in the mail but didn’t have to sign for it.

My husband committed suicide and I haven’t been there for 9 years.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 22, 2018

No, you don't have to go to court. You will either be defaulted or (more likely) you will be dropped from the suit. You have not been properly served with process. In any event, the notice you received was just sent to you in case you might want to assert some claim to the property.

1 Answer | Asked in Foreclosure for Florida on
Q: I have been named in my deceased mothers foreclosure case I have signed no documents for beneficiary or heir

What can i do to avoid this court case in Pasco county

Jennifer Isaksen
Jennifer Isaksen
answered on Nov 12, 2018

I'm sorry for your loss. If you did not sign any Note or personal guaranty and you have no interest in retaining the property, you will not be affected by any judgment that is entered to foreclose, however, it is best that you file a response so that you keep informed of all activity as the... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Is there any way that I can delay a homestead foreclosure with a scheduled court date? Motions or Injunctions to file?

I have a non-jury HELOC foreclosure trail scheduled for early Dec. 2018, (about a month away) on a homestead property in Hillsborough county:

-1st mortgage is trying to serve a Foreclosure Notice

-FHA

-HELOC- scheduled foreclosure trial in Dec.

I am considering... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2018

You should be able to file for bankruptcy protection by December. And remember, if they obtain a final judgment, the sale will probably be another 45 days at least. If you can't file for bankruptcy protection in 2 1/2 months, chances are further delay will not help.

1 Answer | Asked in Foreclosure for Florida on
Q: Who owns my home if the bank involved with the foreclosure went under itself?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2018

If the home was sold in foreclosure to the liquidated bank, and if the bank was liquidated, there will be an institution (another bank perhaps) which will succeed to the assets of the liquidated bank. If the foreclosure sale has not yet occurred (and I fail to see what it matters to you if it... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Where would a lawyer have to file a foreclosure in lake county, fl
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2018

The lawyer would file the case online, but it would be filed in the Circuit Court for Lake County, of course. Why?

1 Answer | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for Florida on
Q: Can a Tenant leaving for 10 years in a property in Foreclosure paying association and assessments buy the property?

I have been leaving in my apartment for more that 10 years. I agreed with the owner to pay maintenance and assessments. The owners don't want the property and finally the court set NON-Jury Trial. I have all the documents that prove that I paid everything for this unit. I want to know my... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Oct 13, 2018

Anyone can bid it is a public auction; or if seller agrees you can buy via a short sale now. You should hire a lawyer before you do anything to make sure there are no other liens on it and help you with the process.

1 Answer | Asked in Foreclosure for Florida on
Q: I didn't respond to the 20 day summons for foreclosure hearing. How long does it take for the judgement to get approved?

My hearing in court was for 10/20/2018. I did not respond within the 20 day deadline to defend it.. health issues.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 16, 2018

A summons does not normally tell you the date of a hearing. It advised you that you have 20 days in which to file an answer. Foreclosure hearings normally take months or more. Check the online docket (available at the clerk of court for the county where the property is located) to see what has... View More

1 Answer | Asked in Foreclosure and Bankruptcy for Florida on
Q: If my house is underwater and has a foreclosure judgement, Can I still use the fl homestead exemption?

If I can use the florida exemption, how do I calculate that? Foreclosed for 198,000. Principal 118,000. Arrears according to them $32,000. Value of home $135,000. As a teacher with only 2 debts and 3 kids in college, I have to file pro se. Willing to pay for questions to be answered. Also, my... View More

Timothy Denison
Timothy Denison
answered on Sep 8, 2018

It will still be secured and you cannot use the homestead exemption against the secured creditor holding the mortgage.

1 Answer | Asked in Foreclosure for Florida on
Q: Question below

Hello, I need some help getting a modification from Mr. xx. They have turned us down 4 times for different reasons .I have had a modification in the past with No problems. I started in the month of August 2017. We are self employed and lost over 2400.00 a month. We are behind going on 14 months... View More

Jennifer Isaksen
Jennifer Isaksen
answered on Aug 30, 2018

There is no way to guarantee a modification will be granted by your lender, especially without having any knowledge of your debt and income. I would recommend scheduling a consultation.

1 Answer | Asked in Foreclosure for Florida on
Q: If defendants in foreclosure sale case sign a stipulation consenting to judgement will credit be affected?

I was named an heir (one of nine children) in my mother's Florida condominium after her death.

Her then husband claimed Florida Homestead rights and was awarded rights to the condo until his death, after which the property would go to the remaining heirs.

The property was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 23, 2018

If you were named in a lawsuit, yes, chances are that your credit rating will be affected.

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