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... Read more »

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... Read more »
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?

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... Read more »
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... Read more »

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

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... Read more »
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.... Read more »

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... Read more »
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.... Read more »

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... Read more »

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... Read more »

answered on Feb 14, 2023
The only way a HELOC may save your home from foreclosure is if you can borrow enough to pay the delinquency on your primary mortgage and reinstate the loan. However, if you are late enough on your primary mortgage to be in foreclosure, the likelihood of a lender giving you additional funds in the... Read more »
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 »

answered on Jan 27, 2023
I would suggest you consult with a mortgage foreclosure defense attorney to make sure the foreclosure that resulted in your purchase was done correctly and without defects. If the second mortgage lender was included in the foreclosure action they would not have a claim against you or the property... Read more »
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 »

answered on Jan 25, 2023
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 »

answered on Oct 26, 2022
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.
It may be time to... Read more »
And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?

answered on Oct 25, 2022
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 »

answered on Oct 21, 2022
No, the surplus funds cannot be claimed by the holder of the first mortgage. Any other lienholders and the original may claim the funds. If there are competing claims the clerk of court files a court action for a judge to decide.
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 »

answered on Oct 21, 2022
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 »

answered on Oct 2, 2022
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 »
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 »

answered on Oct 19, 2022
Usually the only way to stop an HOA foreclosure is to pay or settle the amount due. The HOA foreclosure process in Florida can be very quick if you ignore the documents. I recommend a consultation with a foreclosure defense attorney. Most of us offer free consultations.
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 »

answered on Aug 4, 2022
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 »

answered on Jul 26, 2022
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 »

answered on Jul 23, 2022
DO NOT WORRY ABOUT THE MORTGAGE COMPANY.
If the mortgage company wanted the money they would have accepted the $500 checks. The reason they did not accept the checks is that they wanted to foreclose and take the house (much more valuable, right?).
So THINK: Who do you believe the... Read more »
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 »

answered on Jul 23, 2022
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 »
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