Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »
Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person...Read more »
My ex husbands name was the only one on the loan both are names was on the deed after they made the attempt to find him and couldn't they finally decided to talk to me, I told them the only reason I was still in the house is that I was a veteran and was trying to use my vs home loan benefit to buy... Read more »
The certificate of sale is usually issued shortly after the sale. It would have sold, either to the mortgagee/ plaintiff or to another bidder. You should call the attorneys you dealt with to find out when the certificate was issued and to whom you should surrender the property.
Depending upon what kind of lawsuit it is, unless the documents underlying this dispute require the parties to arbitrate you can only ask the court; and if you mean you want court ordered mediation the same applies. Ask.
We moved out from PR 5years ago, we tried to sell the house in PR but we couldn't. We decided to voluntarily turn in the house to the bank under the loss mitigation program. The bank didn't approve the turn in, they said we have sufficient income to keep paying. We were foreclosed. Can a bank in PR... Read more »
Yes, they can attempt to collect the judgment in Florida. If they record it in the county where the house is located, that constitutes a lien. They can collect the judgment by, as is most common, garnishing your wages or bank account. If that happens, you will be given a hearing at which you...Read more »
I live in Florida. Rented an apartment in February of 2019, 2 months later the apartment goes into foreclosure... Can I legally stay until my lease ends in February ? I was told I have 90 days to move out
Who told you to move out in 90 days? The landlord/ mortgagor/ defendant in the foreclosure action can't evict you unless you have violated the lease. Otherwise, the purchaser at the foreclosure sale can evict you; has the foreclosure sale been scheduled yet?
I filed Ch 7 in 2009 and my condo was included and “surrendered” with the bankruptcy and I moved out before I filed. The condo association took possession and began renting it out. In 2012, the foreclosure judgement was final, the condo was officially sold to the condo association and title... Read more »
It's difficult to know why you are being sued without reviewing the complaint, but it does appear that you shouldn't have been named in the suit. Contact the bank's attorneys and ask that it be dismissed as to you.
If you are represented by an attorney, please provide their contact information and have them reach out to our office immediately. We will not discuss this matter further with you if you... Read more »
Our home was recently foreclosed in Orange County, Florida. The court has postponed the auction because we are about to close on the sale of the property to settle the debt. The bank submitted a payoff statement to the title company that is $20k higher than the final judgement award. Isn't the... Read more »
NOTARIZED, even tho’ I am well known? I have filed a timely request in the court, but I was not informed of this by the deputy clerk. The court evidentiary hearing date was changed from July 31 to this Monday, July 29, 10:30 am, just yesterday, Friday, at 5:03 with just a phone call. The case is... Read more »
Repeat foreclosure on my mother and I primary residence since divorce leading to quit claim deed and refinance in 2007. Then after my mother passed in 2016 Wells Fargo tried to foreclose on me when I made an attempt to negotiate about loan transfer, as I am beneficiary.
I am 65 years old. The deceased homeowner is my 30 years old daughter grandmother. I was never married to her son and was not aware that she had included me on her home information. I do not live in the home and has never lived in the home. She has 4 sons that are included in the lawsuit, two... Read more »
It appears that if you fail to respond you will be defaulted and the foreclosure will move forward without you. You have been included because you might claim some interest in the property. If you are not interested in claiming an interest, you needn't do anything.
You want to respond to a motion? No, you can't just "make a statement to the Court". Judges are not allowed to listen to parties to a lawsuit out of the presence of all of the other parties (or their attorneys). That's the purpose of a hearing.
A Judge stated she would confer with another Judge after the hearing. I need to know how to request something in writing from the Judge to see if she did it or not and if she did, what did she say or if she didn't why not. I need it to be done in a way that a Judge another Judge in appeals court... Read more »
Hello. In 2018 a deceased family member's home was destroyed by Category 5 Hurricane Michael while still in probate. We had been keeping up with all payments on the estate, until we were told by Wells Fargo that they would no longer accept payments. We have had a case open since October 2018, which... Read more »
Having the probate papers will not stop Wells Fargo Bank--unless you can convince the probate judge to take jurisdiction in order to preserve the assets of the estate. This strategy will require someone with proper credentials to appraise the storm damaged property high enough to be able to sell it...Read more »
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