Lawyers, Answer Questions  & Get Points Log In
Florida Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Florida on
Q: Ex-husband being foreclosed on in FL. I'm on deed, but NOT on mortgage. How does this affect me?

I have nothing to do with the property but was told I had to sign the mortgage since we were still legally married at the time of his closing. It's been eight years and I've moved on and moved to Missouri, and he's now being foreclosed on. What does this mean for me, if anything?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 15, 2024

It means that the mortgage can be foreclosed despite your interest in the property. The property can be sold pursuant to an order of the court and in the very rare possibility that the property sells for more than is owed, you would be entitled to a portion of the excess. You are being notified... View More

1 Answer | Asked in Banking, Foreclosure and Real Estate Law for Florida on
Q: during my loan transfer I got a collection agency sent to my door when I wasn’t even late on my payment.

I think my my mortgage company is not acting legally. I was transferred this year and I was never late on a payment. During the transfer period my previous mortgage company never sent me the info that I was being transferred. This being the case I delayed my payment until I got confirmation from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

Based on the facts you have described here, it does seem there could be some concerning practices by your mortgage company and the collection agency they sent. A few key points:

- Under Florida law, mortgage lenders cannot initiate foreclosure proceedings until a mortgage is over 90 days...
View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

View More Answers

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

James Clifton
PREMIUM
James Clifton
answered on Jan 31, 2024

There are several questions that you have posed. The answer to each one is outlined below.

Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to...
View More

View More Answers

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 23, 2023

The statute of limitations is five years; however, if you made payments in the 12 years they are applied to interest, late fees, attorneys' fees and costs first and then any remaining balance is applied to the oldest assessment. If you hadn't made any payments in those 12 years you would... View More

View More Answers

2 Answers | Asked in Foreclosure, Contracts, Real Estate Law and Collections for Florida on
Q: No liens, no foreclosure in 12 years on old HOA assessment dues due to mismanagement

Recently got statement to pay within 30 days, did the statue ran out on collections, lien and foreclosure on the very 1st payment missed 12 years ago? Good track record of timely payments, management's record, not so good for posting those payments. Thanks,

Charles M.  Baron
Charles M. Baron
answered on Sep 23, 2023

I assume you are talking about a Florida HOA. You appear to be writing from Michigan but asking about a Florida issue. Best to promptly consult an attorney handling community association law in your area. I personally would need to research your issue to give a reliable answer - but be aware of... View More

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: husband deceased. Parents trying to foreclose my house. I was never informed of a mortgage. Told home was paid for. HELP

was only ever told "if you sell the home we get what we paid for it" by his parents. Now they are coming after me for late fees and interest from a home purchased before we met back in 2010. Met late husband in 2016 and was married oct 2019. I feel I was deceived and made to sign probate... View More

James Clifton
PREMIUM
James Clifton
answered on Aug 29, 2023

The mortgage holder is a secured creditor. They have the ability to foreclose on a house for the unpaid balance regardless of whether they have made a claim as a creditor in the probate. All hope is not lost though. There are still many options you can explore to fix your problem - refinance, sell... View More

2 Answers | Asked in Foreclosure for Florida on
Q: Can I sell my home before foreclosure?

A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.

There is no sale date as of yet.

I'm trying to sell my house before anything happens.

My questions are:

- About how long will it take for the attorney to set a sale... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 7, 2023

I absolutely agree you should hire an experienced foreclosure defense attorney who can also facilitate the sale and you have been provided an excellent answer by Mr. Clifton. No one should buy, sell or rent real estate without a lawyer and it can be especially challenging with a foreclosure... View More

View More Answers

2 Answers | Asked in Foreclosure for Florida on
Q: Can I sell my home before foreclosure?

A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.

There is no sale date as of yet.

I'm trying to sell my house before anything happens.

My questions are:

- About how long will it take for the attorney to set a sale... View More

James Clifton
PREMIUM
James Clifton
answered on Jul 7, 2023

You can absolutely sell your house prior to foreclosure. The foreclosure process in Florida is a judicial foreclosure and takes a while to accomplish, sometimes 18 months or more. However, it can happen much quicker if you do not file an answer in the case. If you sell the house before the... View More

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens).

We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 13, 2023

After the property is sold, there will be a surplus or a deficiency. If a surplus, then the order in which payment is made is to the plaintiff, then to any lienholder, then to the owner. That's it. There's no.provision to be repaid, etc.,.etc. I think its section 45.032, Florida Statutes.... View More

View More Answers

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens).

We purchased a foreclosure property with a junior lien unfortunately (court records did not reveal any liens). The bank (who is in possession of the senior lien) is now foreclosing the property through a private auction. Do we have the ability to claim any surplus from the bank sale to try and... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 13, 2023

Yes, you can claim the surplus funds as the new owner of the property. Your claim to the surplus will only be cutoff by lien holders who recorded an interest between the date of recording the senior lien and the junior lien. Attorneys typically charge a percentage of the amount recovered to file a... View More

View More Answers

1 Answer | Asked in Foreclosure for Florida on
Q: Once the certificate of title is transferred to the purchasing bank in a foreclosure how long does the previous owner

Have to vacate the property?

James Clifton
PREMIUM
James Clifton
answered on Jun 7, 2023

Technically, once title transfers to the new owner the previous owners should vacate immediately. However, that is not feasible in many circumstances, and the new owner who purchased the property at the foreclosure sale may be willing to give the former owner assistance with moving in an agreement... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Can we submit an ethic complaint to the bar for this matter?

Long story short, my uncle purchased a foreclosure property from a county auction. It turned out the property she purchased, there was a senior lien. Therefore, she ended up losing the house. Now the lawyer for the defendant (the LLC who got foreclosed), is claiming a surplus of funds. This LLC has... View More

James Clifton
PREMIUM
James Clifton
answered on Jun 3, 2023

If the defendant is claiming surplus funds from the foreclosure of the second mortgage that your uncle purchased at auction, the defendant is entitled to those funds subject to any claims of other creditors. If the defendant is claiming surplus funds from the foreclosure of the first mortgage, your... View More

View More Answers

1 Answer | Asked in Divorce, Foreclosure and Family Law for Florida on
Q: Can a Judge put a stay on a foreclosure of your homestead property while going through Divorce?

Husband filed a DV Injunction and a Judge gave him temporary possession of the home and put me on the streets and wasn't making payments on the house or the home equity line of credit. I dont know what he told the post office but they returned my mail and anything with both names on it, they... View More

James Clifton
PREMIUM
James Clifton
answered on May 22, 2023

The judge in the divorce case cannot put a stay on the foreclosure, generally. However, the judge can order one or both spouses to make payments. If either spouse fails to make payment, the judge can hold that party in contemp of court.

To stop the foreclosure, you need an attorney to...
View More

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: My dad's estate is going through probate without a will in Florida. Can siblings live in the house until it sells?

My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?

James Clifton
PREMIUM
James Clifton
answered on May 4, 2023

If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for Florida on
Q: Is it legal for my management to threaten foreclosure on me for sending HOA invoices to an incorrect address?

I moved into a condo in Bradenton from New York. My HOA instructions and unique pin for accessing the payment portal was sent to the wrong address for consecutive months. I had asked 3 times for my management to send the paperwork to my new address. For this reason I was unable to pay my dues at... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 27, 2023

These are particularly troublesome issues to deal with because Florida law does not favor owners in these situations and owners are not familiar with dealing with the ins and outs of living in a community association, especially if you are just moving to Florida.

The first thing you...
View More

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??

Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??

James Clifton
PREMIUM
James Clifton
answered on Mar 28, 2023

In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... View More

2 Answers | Asked in Foreclosure for Florida on
Q: HOA Lien Foreclosure. Does FL 720 require that a lien be FILED/RECORDED w court before Intent to Foreclose is sent?

720.3085 (5) states the the notice for Intent to Foreclose must be substantially in the following form “This letter is to inform you a Claim of Lien has been filed…”. The text “has been filed” (past tense) leads me to believe the lien must be recorded before Intent to foreclose notice.... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 6, 2023

The lien does need to be recorded prior to the notice of intent to foreclose being sent. Anytime you are dealing with a procedural irregularity it needs to be properly addressed. The appropriate legal procedure must be followed in the foreclosure action or the right to claim it as a defense may be... View More

View More Answers

2 Answers | Asked in Foreclosure for Florida on
Q: HOA Lien Foreclosure. Does FL 720 require that a lien be FILED/RECORDED w court before Intent to Foreclose is sent?

720.3085 (5) states the the notice for Intent to Foreclose must be substantially in the following form “This letter is to inform you a Claim of Lien has been filed…”. The text “has been filed” (past tense) leads me to believe the lien must be recorded before Intent to foreclose notice.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 6, 2023

Filed and recorded are two different things in the legal world. Filed means it was sent to the clerk and recorded means the clerk recorded the document. There could be a situation where the document was sent to the clerk but not recorded (lost in the mail? lost by the clerk?). Not all attorneys... View More

View More Answers

2 Answers | Asked in Foreclosure for Florida on
Q: How can I use a HELOC to save my home from foreclosure? I’m Florida
Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 14, 2023

Is the HELOC in foreclosure? Do you already have a HELOC? Is it the first mortgage foreclosing, or the HOA?

If you have enough equity in the home, a HELOC may be able to help.

That said, if you've been served foreclosure papers, consult with an attorney ASAP. You don't...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.