Get free answers to your Foreclosure legal questions from lawyers in your area.
The purchase was made before I knew him and he hid this from me. They have served him and keep asking if anyone over 18 lives with him. Do they have a right to involve me in these proceedings?
answered on Sep 2, 2024
You will not have any financial involvement in the foreclosure. However, as an occupant of the property you may be named as a tenant in the foreclosure case. There are a lot of options for people in foreclosure that can lead to a positive resolution - loan modification, sale of the property, deed... View More 
I have a five-year-old daughter, no license, and the business took the money I had, so moving at this moment is extremely impossible without us losing everything and living on the street
answered on May 23, 2024
It depends on the type of notice you received. If it is the sheriff's notice that the writ of possession is about to be enforced, it is unlikely you can extend it. If it is a 3 day notice to quit (move out), it is very possible to get an extension. There may also be money owed to you from the... View More
Me and my siblings would like to know the steps to take to obtain the funds. Thank You!
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answered on Mar 1, 2024
In Florida, if your deceased mother's home was sold at foreclosure and she owned a 50% interest, you and your siblings need to follow several steps to claim any surplus funds from the sale. First, you should contact the clerk of the court in the county where the foreclosure sale occurred to... View More
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?
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
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
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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
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
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
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
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
he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?
answered on Nov 10, 2024
Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.
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answered on Sep 24, 2024
The party who signs the note is the one that's responsible for payment. But if that party does not pay, the lender can typically foreclose the mortgage and force the sale of the property.
How do I request a hearing with the Judge to show that Plaintiff (my mom), who was granted final judgment. Plaintiff utillized coercion to keep me quiet. She sent text messages to my sister saying if I dont sign over the deed she will make it her job, day in and day out to have my son taken from... View More
answered on May 2, 2024
This is not a do-it-yourself project. Your description of how this is being handled calls into question your ability to protect your home from being foreclosed. Consult with a local foreclosure defense attorney as soon as possible.
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,
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
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
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
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
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
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
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
Have to vacate the property?
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
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
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
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
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
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... View 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... View 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... View 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... View More
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