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Florida Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Child Support for Florida on
Q: Why would DOJ close investigation to collect my child support when my ex husband died instead of pursuing his estate

Need help for foreclosure in fl due to my child support lien but I live in VA

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

This is a basic legal question and answer site. If you need to hire an attorney you can use the find a lawyer feature of this site to search for attorneys near the area where you have the foreclosure case.

1 Answer | Asked in Foreclosure for Florida on
Q: I've read about something called "pre forclosure" - what does that mean?
Steve Louis-Charles
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answered on Apr 20, 2018

Its the period of time before a bank initiates foreclosure proceedings against a homeowner in court.

1 Answer | Asked in Elder Law and Foreclosure for Florida on
Q: Got a les pendens notice in mail. How long can I stay in home till I have to move. It is not being contested.
Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 20, 2018

No way to say without more info. But if you just got a lis pendens that is typically done at the start of a case. Thus this appears to be the beginning of the case for you.

Good luck.

2 Answers | Asked in Foreclosure for Florida on
Q: Can you refinance to avoid a foreclosure?
Steve Louis-Charles
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answered on Apr 5, 2018

Provided a lis pendens has not already been filed on the property in court to commence foreclosure proceedings I do not see why not. Although a history of late payments may be another obstacle to consider. Hope this helps.

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3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: My note was never sold before the original company went under... what do i do? can i sell it? I'm still on the tittle.

Full disclaimer: in 2009 I filed for chapter 7 and this property was supposed to be discharged. fast forward to now and I just found out that I'm still on the tittle and it was never sold or foreclosed. I've received an offer to by the property and I'm not sure what to do.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Apr 4, 2018

In theory you can sell it, but most likely the mortgage is still a lien against the property. I suggest that you consult with a real estate attorney here in Florida to look at your title history and then give you advice on what you can do.

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2 Answers | Asked in Foreclosure for Florida on
Q: Received summons and complaint for foreclosure of relatives home. I am not on "note" or on complaint must I respond?

The complaint lists only the grandmother by name and the typical tenant jargon and any unknown heirs . I am not on the mortgage note and my name is not on the complaint, only on the summons. She was my grandmother and I do not want the property. This is in fl. Also, must I appear in court which is... View More

Tina El Fadel
Tina El Fadel
answered on Apr 4, 2018

If you are not on the note or the mortgage, you are being named only as a person who might have an interest in the property. If you do not respond than a default will be entered against you and ultimately a judgment will be entered which will foreclose any interest you have in your... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: I'm renting a house that got foreclosed on. Does the new owner have to honour my lease?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Apr 4, 2018

No. See statute 83.561 where landlord can get you out with a 30 day notice.

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3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for Florida on
Q: I bought a house from auction from HOA, the house has a lien from mortgage foreclosure, Can I pay off the bank?

The forecloses mortage is against the previous owner. The deed is on my name, because i purchased the house from HOA auction.

Now, the foreclose auction is dated to may 9Th. I'm trying to pay off the amount but bank doesn't accept.,

I don't know what to do to not lose... View More

Steve Louis-Charles
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answered on Apr 2, 2018

Try to locate the previous owner that is named on the foreclosure and somehow persuade them into assigning you their right of redemption. Hope this helps.

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: I did not reaffirm my mortgage after bankruptcy, but now I want to move. Is a deed in lieu of foreclosure my best option

If I do the deed in lieu of foreclosure, how long do I have to stay in the house?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Mar 23, 2018

Yes it is your best option, but make sure no clause saying liable for,deficiency that was previously discharged.

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1 Answer | Asked in Foreclosure for Florida on
Q: Please tell me approx how long can i stay in home after a nod notice. Son does not want to contest. I need to find a

I understand that it is wise to contact a lawyer but the woman that owns the home has died and her son just wants to give it up. He is letting me stay til I find a place. Just found out that the mortgage has not been paid for months. Want to know how long from NOD till I have to leave

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 7, 2018

Foreclosures can take from several months to several years.

1 Answer | Asked in Foreclosure for Florida on
Q: Please tell me approx how long can i stay in home after a nod notice. Son does not want to contest. I need to find a

I understand that it is wise to contact a lawyer but the woman that owns the home has died and her son just wants to give it up. He is letting me stay til I find a place. Just found out that the mortgage has not been paid for months. Want to know how long from NOD till I have to leave

Steve Louis-Charles
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answered on Mar 6, 2018

You may remain in the home up and until your local county sheriff's office executes or post a writ of possession issued from the clerk's office on the front door of the property. This notice will provide you with 24 hours time until which to pack up all your personal belongings and leave... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Does a NOD on a home have to be sent by certified mail and how long approx do you have to stay in your home if uncontest

Do you have an idea on how long I can stay in home. I am the caregiver and my client passed. Her son is letting me stay here till I find a place. Had a place but it fell through. Her son does not want to contest the foreclosure so I need to get a timeframe as to how long I can stay here

Steve Louis-Charles
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answered on Mar 6, 2018

The N.O.D. or notice of default does not have to be sent via certified mail, though it would be good practice. I suspect the reason banks do not send it via certified mail is due to keeping its costs down. Furthermore, up and until a writ of possession is issued and executed by the sheriff of your... View More

1 Answer | Asked in Foreclosure and Probate for Florida on
Q: Residing with my aunt over 5 years to help care for her, she passed 1 month ago. The house is in no one's name.

I understand since she only owned it and paid the mortgage for the past 19 months the bank will take it. My aunt was a retired state worker, and this was a dream to own her own home, she was in her 70s. The will left everything to my mom, she doesn't wish to keep the house and put her name on... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2018

Foreclosure takes several months, at a minimum; it could take considerably longer.

You could make a deal with your mom whereby your aunt's interest in the property is assigned to you (after probate) and you settle with the bank. Or you could try to buy the place at the foreclosure...
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1 Answer | Asked in Foreclosure for Florida on
Q: I need help saving my house from foreclosure
Jennifer Isaksen
Jennifer Isaksen
answered on Mar 1, 2018

There are many different options, you will need to consult with a foreclosure attorney to discuss your particular situation in order to determine which ones would be available to you. Please do not wait until the week before the foreclosure sale to take action! The earlier you get an attorney... View More

1 Answer | Asked in Foreclosure and Divorce for Florida on
Q: A foreclosure lawsuit was filed against my wife and I. We then divorced but maintained joint ownership of the house.

She then enlisted counsel as defendant and I did not. My question is if she prevails do I also prevail as joint owner of the homestead? State is Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2018

It depends upon the grounds upon which she might prevail and the terms of the order granting judgment to your wife. If you don't defend yourself in the lawsuit, you very well might be defaulted. In such case she very well might prevail and you might not.

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: I'm planning on bidding on Foreclosures at auctions in Cape Coral. If occupied, how do i removed previous home owners?

I'm a licensed real estate agent. And opened my own LLC

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Feb 23, 2018

Hire a lawyer to seek a writ of possession and a LLC cannot represent itself (ie. you) in court pro se by rule.

1 Answer | Asked in Foreclosure for Florida on
Q: Can a motion for judicial default be done because I haven't paid my lawyer yet?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2018

Can the other side seek a default judgment against you? Sure, but the lawyer's duty to oppose it depends on what agreement you have with the lawyer. Normally, the attorney is not going to have an obligation to represent you until you pay. But if you are faced with such a motion, call the... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: How long can I stay in a house that was sold in foreclosure in the state of Fla.The house was in my husband's name only.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2018

The purchaser at the foreclosure sale has the right to possession at the time of sale.

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1 Answer | Asked in Foreclosure for Florida on
Q: My wife and I just got servered with papers due to a foreclosure on a house that her sister and her deceased father own.

Are we responsible for a mortgage that we never signed? They say my wife is her fathers heir so she is also responsible and so am I since I am her spouse. This house is located in the state of New Jersey

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 14, 2018

This is a matter of New Jersey law, so you should have asked it in Justia › Ask a Lawyer › New Jersey › Foreclosure ›. But the likely answer is no: you are not responsible; they named you in the lawsuit only for the purpose of terminating any claim to the property, not to hold you... View More

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Florida on
Q: In Florida do you have squatters rights if you were foreclosed on 9 years ago but they haven't been able to sell yet:)

If you have blocked the sale since the foreclosure

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2018

No, you don't. "Squatter's rights" (the ability of someone to claim land he or she has no belief that the land is lawfully his) has never existed. What you are thinking of is "adverse possession" (See Florida Statute 95.13-95.18). These are statutes of limitation,... View More

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