Get free answers to your Foreclosure legal questions from lawyers in your area.
Need help for foreclosure in fl due to my child support lien but I live in VA
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.
answered on Apr 20, 2018
Its the period of time before a bank initiates foreclosure proceedings against a homeowner in court.
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.
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.
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.
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.
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
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
answered on Apr 4, 2018
No. See statute 83.561 where landlord can get you out with a 30 day notice.
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
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.
If I do the deed in lieu of foreclosure, how long do I have to stay in the house?
answered on Mar 23, 2018
Yes it is your best option, but make sure no clause saying liable for,deficiency that was previously discharged.
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
answered on Mar 7, 2018
Foreclosures can take from several months to several years.
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
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
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
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
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
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... View More
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
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
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.
I'm a licensed real estate agent. And opened my own LLC
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.
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
answered on Feb 15, 2018
The purchaser at the foreclosure sale has the right to possession at the time of sale.
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
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
If you have blocked the sale since the foreclosure
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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