Second mortgage is after estate of deceased owner against his heirs (former owners of house). I talked to attorney of case, he told me he can’t discuss details with me since I am not in case. He told me they going after former owners of the house including bank who took money I paid for house.... Read more »
When someone purchases a home, there are two legal remedies available to the banks for non-payment. One is foreclosure and taking possession of the home. Two, is a breach of note remedy or collection on the deficiency judgment.
Here, it sounds like you purchased and took possession of the...Read more »
Initiate the sale... I am seperated from my husband. Our home is in His Name mortgage and deed and mine is on the deed. The Mortgage is not being paid and I have moved out. Want to sell so it does not go into forclosure. He is on drugs and does not seem to be doing anything. What am I able to do... Read more »
Unfortunately, the deed is what controls who owns the property, and has a right to sell it. So all parties to the deed will have to agree. It is my understanding that a Realtor won't even entertain listing a property for sale without a signature from all the owners.
That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property...Read more »
Won a county auction for a HOA foreclosure. Our bid is way over the foreclosure amount set by HOA. Want to know in this case, is the surplus funding (after paying off the HOA lien) will automatically assign to the first mortgage by the clerk of court? Or the surplus fund goes to the original owner?... Read more »
Here's how it works: the plaintiff (HOA) is paid first, then any subordinate lienholders (subordinate to the HOA), then the foreclosed owner. The first mortgage holder (for example, the bank that holds the mortgage) doesn't get a dime.
I received a letter date August 19, 2022 informing me that a clubhouse association intends to foreclose on my property. I had 30 days to respond and dispute the claim (I missed this day) and if they did not hear from me within 45 day they would foreclose. This will take me to Monday to be the... Read more »
Community associations, by law and the association documents, are entitled to interest, late fees, attorneys fees and costs for the collection of late assessments. Any payment is, by law, applied to these charges first, which means unless you pay the amount in full, you are at risk of foreclosure....Read more »
or when those under whom the possessor claims meet these criteria, the property actually possessed is held adversely if the person claiming adverse possession: A, B, & C not having possessed property for 7 years but did A,B, & C. In C it states: Has subsequently paid, subject to s.... Read more »
If I understand correctly, you are asking whether the adverse possessor, after complying with the tax requirements of Florida Statute 95.18 (1) (a)-(c), must still continuously possess the "property under a claim of title exclusive of any other right" for 7 years. Yes.
I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »
In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.
My brother in laws house was foreclosed on, prior to this the mortgage company stopped cashing the payment checks (for five months) He was allowing a family member to stay in the house, and they paid $500 per month. As they didn’t have a checking account I sent the checks for them to the... Read more »
You have no obligation to pay anything to the mortgage company, merely an obligation to hold the funds you received from the "family member". You should pay those funds to whomever the "family member" tells you to pay. And, by the way, if the "family member"...Read more »
Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... Read more »
Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would...Read more »
The estoppel only said delinquent and in collections but had no dollar amount as I understand it if I purchase the property I will have to pay any delinquent amount owed by the previous owner but how would I know how much since it is not listed on the estoppel
If it is in collections it should have given the name and address of the attorney handling collections. You need to hire your own real estate lawyer before you bid on a foreclosure. There could be other liens that are not wiped out in a foreclosure.
Your bankruptcy lawyer should be able to review the papers and answer your questions. The bankruptcy court cannot do anything without a motion or pleading filed to bring it to the court's attention. You don't mention what the fees are for but if there was a judgment in the foreclosure...Read more »
My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... Read more »
Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal...Read more »
They say he is will be responsible if the house defaults. Quicken loans states he is not and I don’t need to refinance. His attorney is forcing me to refinance or sell. I can’t refinance right now. I don’t want to sell my home. I don’t think quicken loans will do a mortgage modification... Read more »
If he is not on the note he is not liable for the debt but he would be named in a foreclosure action in order to clear the title. It appears he may be on the deed from your statement. If he is then you need to hire a lawyer of your own to see what your options are regarding this matter.
Will I be mandated to sign the rental pool agreement ? What if I rejected to sign the rental pool agreement and I want to live in the property since I already have ownership by paying the assessment fee as per their association rules. I would like to know my options.
there are not enough facts in your post to answer your question and you need a lawyer to review the association documents to provide you with a proper answer. If you are going to buy or sell real estate you need a lawyer to review these before you make a decision you might be stuck with. The fact...Read more »
Probably not. Every Declaration for a condominium hotel I have ever read specifically prohibits using it as a residential unit. Some allow you to use it short-term for vacation purposes and some do not allow owners to occupy them at all. You should hire a lawyer to review any real estate you are...Read more »
If there is no will, the laws of intestacy would provide who inherits the property. Whoever inherits the property, perhaps you or another relative, needs to consult with an attorney who practices probate.
The bank can start eviction proceedings as soon as the mortgage payments become delinquent. If you (who I assume is the "girlfriend") continue to make the payments, it's unlikely that the mortgage will be foreclosed. But unless your late boyfriend left the property to you in a...Read more »
You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.
Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help
If a moving party files a Motion and can not show for hearing what is proper procedure? Notice of cancellation with reasons or Withdraw the Motion itself? Is Motion basically withdrawn with a Notice to cancel anyway?
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