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Florida Foreclosure Questions & Answers
2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Party needs to cancel its own MTD hearing does a notice to cancel need to be filed or is it better to withdraw motion?

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 Is Motion basically withdrawn with a Notice to cancel anyway?

Timothy Denison
Timothy Denison answered on Aug 10, 2021

Either way Wil be fine.

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2 Answers | Asked in Foreclosure for Florida on
Q: Can my husband be sued by the bank in PR, for my mother in-laws failure to pay her mortgage? We live in the US.

My father in-law passed away last September and for reasons unknown my mother in-law stopped paying her mortgage. The bank has filed a lawsuit against her, but has also named my husband and his two brothers in the suit. I am not familiar with the laws in Puerto Rico but fail to see how we can be... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2021

You should ask this question in Justia > Ask a Lawyer > Puerto Rico > Foreclosure, because it is a question of Puerto Rican law, not Florida law. But I would guess that he is being sued in case he might claim some interest in the property, not to make him pay. You indicate that you are... Read more »

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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Florida on
Q: Civil Defendant insolvent.Does it help to communicate that with Plaintiff so they will not pursue judgement?

What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 25, 2021

They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »

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2 Answers | Asked in Foreclosure for Florida on
Q: I am a senior citizen holding a mortgage in Charlotte County, Florida. I could not afford a lawyer to foreclose.

I successfully did it on my own with the final judgment awarded in late March and the auction scheduled for April 30. The morning of the auction the debtor showed up with Ch.13 bankruptcy papers and the auction was cancelled. This morning her bankruptcy was dismissed due to non compliance and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 14, 2021

The courts cannot give you legal advice -- that would be practicing law without a license, which is a felony. Without reviewing the docket, generally you can motion the court to reset the sale.

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1 Answer | Asked in Foreclosure for Florida on
Q: Is it normal procedure for a lender to bring a foreclosure action upon heir(s) with letter of surrender in Fla
Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 12, 2021

Without reviewing a title report I would say generally, yes. They have to clear any possible claims and interest against the property. It is especially important if there are judgments with the same name as the decedent. While the decedent might be "Joe J Smith," any judgment in the... Read more »

2 Answers | Asked in Consumer Law and Foreclosure for Florida on
Q: In 2009 for I bought a house $165,000 with $60,000 as a down payment. 2017 I got a loan modification now I owe $154,000
Adam Ira Skolnik
Adam Ira Skolnik answered on Jun 29, 2021

I cannot ascertain what you are asking about? Please provide further information.

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1 Answer | Asked in Foreclosure for Florida on
Q: Can my home be foreclosed on if the mortgage is on my mothers name? I’m not in the mortgage.

Home was deeded to me many years ago by my father who passed. Mom being elderly abs has dementiA

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 23, 2021

Yes, the property can be foreclosed on for an unpaid mortgage no matter who holds title. The note secures the property as payment. You should consult with a mortgage foreclosure defense attorney to make sure the bank is following all of the proper protocols and naming the proper parties. You... Read more »

2 Answers | Asked in Foreclosure and Trademark for Florida on
Q: is this case with california club explaining a foreclosure or failure to pay for a trademark?

i am trying to find out if this company is still in business, because i recently thrifted one of their dresses and wanted to find out more about the company.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 16, 2021

Consult with an attorney, you can write to them, look them online and check with the secretary of state to see if they are still active as a business.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: 2nd mortgage in FL which has not been paid since 2009. Have not heard from mortgage company since 2009. Would like to

settle. Can they charge interest since then? Willing to pay amount owed in 2009. Does SOL apply if never received bill since 2009? Company on lien went under in 2009. Never notified of new lien owner.

Phillip William Gunthert
Phillip William Gunthert answered on Apr 8, 2021

You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;

95.11 Limitations other than for the recovery of real...
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1 Answer | Asked in Foreclosure for Florida on
Q: I won an auction HOA lien,but want to walk away as it has a mortgage. Can I walk away and take my loses without any reco

My wife and I purchased a property via Miami Dade County's website (1) for foreclosed properties. On March 8, 2021, we were the successful bidders on 2591 SE 13th Court Homestead, FL 33035, for an amount of $65,600 + court docs fees for a total of $67,230. This was going to be the home we... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Mar 27, 2021

Not all of your facts posted, but it appears you have an issue with more than one HOA having a lien on the property as well as a mortgage. You need to hire an attorney as soon as possible. Once the title issues you are 'jointly and severally' liable for any past due assessments of any... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: In an auction, I paid off HOA fees and received a Certificate of Title. Afterwards, I learned that there is a mortgage

There is a mortgage on the property, but the mortgage company hasn't foreclosed on the property. Am I allowed to rent out the property?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2021

Yes, until the property is foreclosed on and sold pursuant to that foreclosure.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: my father and I are on a mortgage. If he dies, what becomes of my status with the mortgage?

Also the mortgage is not in default since I am the primary payer. I’m asking about his credit card creditors and if they can come after the house.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

Only in theory could they get a judgment and levy upon the house; their judgments would be junior to the mortgage

.

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2 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: my father and I are on a mortgage. If he dies, what becomes of my status with the mortgage?

Can his creditors come after me or the house?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

It depends on who signed the mortgage note. If you both signed it, the mortgagee can come after either of you if the note isn't paid according to its terms. So if he dies AND the note isn't paid, the mortgagee could foreclose and seek a deficiency judgment against you. But in general,... Read more »

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1 Answer | Asked in Foreclosure for Florida on
Q: Once my HOA files and foreclosure can I still pay the past due and fees in full to dismiss the lien and foreclosure?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 30, 2020

No, you have to pay the interest, attorneys' fees and costs. These are provided for by Florida law. If you cannot afford to pay in full you should 1) ask the law firm representing the HOA if the HOA will consider a payment plan or 2) consult with a bankruptcy attorney to see if you qualify... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Foreclosure for Florida on
Q: Are you an attorney who has won foreclosure cases based on breaches of contract and fraud or know of someone who can .

My attorney has just notified me of his suspension and need to find new counsel. I have filed counterclaims and defenses with exhibits proving the new plaintiff is no a holder in due course. I have TILA violations, FDCPA violations , Breach of contrat including fraud in the inducement ,appriasal... Read more »

Sherri B. Simpson
Sherri B. Simpson answered on Sep 20, 2020

Although I handle those types of cases, I am not in Punta Gorda. Call Mark Dann at Dann Law 877-475-8100. If he cannot handle the case he should know someone who can. Or email mdann@dannlaw.com or intake at Dannlaw.com.

1 Answer | Asked in Foreclosure for Florida on
Q: I have no mortgage on my condo. I owe my HOA 10,000. Notice of sale issued. Will I lose my condo?
Sherri B. Simpson
Sherri B. Simpson answered on Aug 26, 2020

You will if it goes to foreclosure sale. If you can pay off over 5 years you can file a chapter 13 bankruptcy. You really need to speak to an attorney asap.

1 Answer | Asked in Foreclosure for Florida on
Q: Florida-Does foreclosure moratorium allow lender to sell the property and the new owners can file "unlawful detainer"

Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 25, 2020

If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... Read more »

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: i was served by broward county a Summons/Residential summary procedure pursuant to Florida statute 51.011 for eviction

AS OF MONDAY, AUGUST 17TH THE CITY OF DEERFIELD BEACH WILL NOW BE ACCEPTING RENTAL, MORTGAGE AND UTILITY ASSISTANCE. I THEN WENT TO MY LANDLORD TO SHOW HER THIS NEW DEERFIELD BEACH ASSISTANCE PROGRAM. I THEN REQUESTED A W-9 FORM (DOCUMENT) FROM HER (LANDLORD) WHICH WAS REQUESTED BY DEERFIELD BEACH... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 24, 2020

You do what the summons tells you to do. You answer the allegations of the complaint. Applying for assistance doesnt automatically stop the eviction process.

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2 Answers | Asked in Estate Planning and Foreclosure for Florida on
Q: In understand she has that right I’m trying to do is find out how can contest the will once she dies

To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer

Seril L Grossfeld
Seril L Grossfeld answered on Aug 3, 2020

Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from... Read more »

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1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: My glass top on stove cracked. Apt complex refuses to fix. Can I refuse rent? Can they evict in Florida now?

I don't have money to fix myself.

The stove won't work at all .

I need to cook for my kids.

I don't see in lease were im liable for this.

If I refuse rent can they evict me now?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 4, 2020

Probably not now--but they might when the Covid-19 virus lets up. Contact a lawyer who handles landlord & tenant cases and take them a copy of your lease.

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