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Florida Foreclosures Legal Questions

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314 legal questions have been posted about foreclosures by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include bankruptcy, commercial bankruptcy, and consumer bankruptcy. All topics and other states can be accessed in the dropdowns below.
Florida Foreclosures Questions & Legal Answers
Do you have any Florida Foreclosures questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 314 previously answered Florida Foreclosures questions.
Foreclosures
Florida

Recent Legal Answers

What do I do

Answered a year and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You will need to retain a lawyer in Lee County, Florida and start seeking sanctions and possibly sue for malicious prosecution/abuse of process. At least you might be able to show others that she was sued for her false statements and not that the injunctions were denied due to lack of jurisdiction, etc.... Read More
You will need to retain a lawyer in Lee County, Florida and start seeking sanctions and possibly sue for malicious prosecution/abuse of process. At... Read More

Court unable to locate our landlord/judicial default

Answered a year and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that might cost you more to address after the fact that trying to prevent them from the start. 
YOu will need to retain a lawyer to intervene because there is a lawsuit in which you are involved.  Otherwise you risk adverse rulings that... Read More

Assessment Fee

Answered a year and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
This is an interesting question. This will all depend on the details of the reverse mortgage contract. She will need to retain a real estate lawyer to review that document ASAP. Otherwise, its possible that there may be fines, penalties or assessments that cause a more expensive controversy. ... Read More
This is an interesting question. This will all depend on the details of the reverse mortgage contract. She will need to retain a real estate lawyer... Read More

Lien holder states that I owe $60 in NSF fees from 2021 and refuses to release the lien.

Answered a year and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
There is no practical remedy that will cost less than $60.00 to resolve this issue. Your best remedy is to pay the $60.00 "under protest" if you must and secure the satisfaction of the lien and presumably a clear title. You can then spend the money to sue for return of the $60.00 if its that important tofight over. ... Read More
There is no practical remedy that will cost less than $60.00 to resolve this issue. Your best remedy is to pay the $60.00 "under protest" if you must... Read More

What does the 15th day following date of entry mean?

Answered a year and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
No way to tell without the proper context or circumstances. If you are a litigant in a foreclosure case you really need to retain legal counsel to defend the issues before anything blows up and becomes a more serious legal problem. 
No way to tell without the proper context or circumstances. If you are a litigant in a foreclosure case you really need to retain legal counsel to... Read More

If I have someone on my mortgage with me but I hold the deed just in my name does the board do a background check on my co signer

Answered 2 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
They are likely to require a BGC on any one owning or residing on the property. 
They are likely to require a BGC on any one owning or residing on the property. 

What recourse do homeowners have to excessive lot rent increase by a mobile home park?

Answered 2 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You will need to hire a lawyer that handles MHP real estate issues to interact with the park management and address the prosepectus and lot rent issues. 
You will need to hire a lawyer that handles MHP real estate issues to interact with the park management and address the prosepectus and lot rent... Read More

Law Firm refuses to send me documents I need to refi house. They have not kept me informed and refuse to send me documents. I have asked 4 times.

Answered 2 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You seem to have a misplaced view of your "entitlement" especially if you are in default and in foreclosure.  The lenders lawyer does not represent you nor are they required to "communicate" with you at your demand nor call you for "updates.". If there is an issue with regard to documents or such, this is why you hire laywers to handle the litigation and these issues need to be addressed with the judge. You need to find the means to retain a lawyer to address these issues ASAP. ... Read More
You seem to have a misplaced view of your "entitlement" especially if you are in default and in foreclosure.  The lenders lawyer does not... Read More

Can we submit an ethic complaint to the bar for this matter?

Answered 2 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Your aunt will need to actually retain a lawyer to address this. This was badly handled from the start with a lack of due diligence in determining that there was a superior lien interest in the property. There should be no bar complaint filed unless it is clear there was some ethical breach by the lawyer, and since you claim they represent the superior interest, that might not be appropriate at all. ... Read More
Your aunt will need to actually retain a lawyer to address this. This was badly handled from the start with a lack of due diligence in determining... Read More

I HAVE BEEN WAITING FOR OVER A YEAR TO HAVE WINDOWS UPGRADED/REPLACED/REPAIRED. I can be contacted at (321)637-1346 5665 Hemsing St. Cocoa, Fl. 32927

Answered 2 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You will need to HIRE a lawyer to sort this out as it makes no sense. There is no reason that you should have lost your homeowners insurance nor had forced coverage unless there are other undisclosed issues. 
You will need to HIRE a lawyer to sort this out as it makes no sense. There is no reason that you should have lost your homeowners insurance nor had... Read More

I purchased foreclosed house in county auction. Three months later second mortgage showed up. It is after estate of deceased owner.

Answered 3 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
This is why you don't buy houses at forclosure auctions unless you know what you are doing. You need to hire a lawyer ASAP. 
This is why you don't buy houses at forclosure auctions unless you know what you are doing. You need to hire a lawyer ASAP. 

Can a police officer kick u out of your house

Answered 3 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Sorry - but you have no legal right to stay in a property you don't own nor to demand that your mother support you as an adult. As you seem not to be a tenant- she does not have to "evict" you and you would be a fool to play games with law enforcement over trying to stay in someones house as an unwanted squatter. You need to find a shelter to go to and baiting an "eviciton" simply would  make sure that you are unrentable for the next 5+ years. ... Read More
Sorry - but you have no legal right to stay in a property you don't own nor to demand that your mother support you as an adult. As you seem not to be... Read More

What are tenants rights after a foreclosure in the State of Florida

Answered 4 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You have no real rights as they expired with the foreclosure eliminating the landlords ownership of the property. You will either make a new deal with the new owner or be moving out immediately to somewhere else. 
You have no real rights as they expired with the foreclosure eliminating the landlords ownership of the property. You will either make a new deal... Read More

Security deposit refund

Answered 4 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
This post makes no sense in that you claim to have terminated the tenancy and vacated the property, but indicate that you are still paying the rent. If the LL does not return the sec deposit when he is obligated to do so, you will need to hire a lawyer to sue for return of the money. Good part is if you win, you will get your legal fees  paid reimbursed. ... Read More
This post makes no sense in that you claim to have terminated the tenancy and vacated the property, but indicate that you are still paying the rent.... Read More

Regarding a home mortgage foreclosure deficiency, is an annuity protected. I'm 85 and this is my entire retirement nest-egg ... only $125k.

Answered 5 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
The answer is NO. Just..NO. The entire purpose of you being a surety to co-sign is the back expecting YOU to be collectable. If you are not they will not likely accept you anyways and the fastes way to destroy a family relationship is over such issues. If your adult son has crappy credit its because he stiff all the other creditors in the past to get there - and you are likely next on the list. ... Read More
The answer is NO. Just..NO. The entire purpose of you being a surety to co-sign is the back expecting YOU to be collectable. If you are not they will... Read More

Florida statue of limitations on a real estate judgement

Answered 5 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
A judgement is a judgment - regardless of its source. Fla. Stat. 95.11 provides the SOL for such.
A judgement is a judgment - regardless of its source. Fla. Stat. 95.11 provides the SOL for such.

During a forclosure, can they freeze your bank account or stop your Social security income?

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
If you are foolish enough to keep you personal accounts where the mortgage is, its possible by contract for them to do that. Close those accounts and have your funds put in an account at a different bank for starters. You may need to retain a bankruptcy lawyer also. You generally can't just give a moble home back and call it even.... Read More
If you are foolish enough to keep you personal accounts where the mortgage is, its possible by contract for them to do that. Close those accounts and... Read More

My wife got her VA loan to get us a house 4 yrs ago and I just find out today she missed pyts without my knowledge because I gave money for same. What

Answered 5 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
This is a marital issue not one that invovles the bank. The bank has no obligation to care for you, your children nor your mother. You need to address this issue with a family law lawyer. In the meantime you will need to start planning finding a place to reside with out without your wife as you may have no legal right to stay if the property is wholly in her name and she had defaulted on the loan. The family law lawyer canreview the issues and help you determine how to address this. ... Read More
This is a marital issue not one that invovles the bank. The bank has no obligation to care for you, your children nor your mother. You need to... Read More

I need advice on a foreclosure on my home delivered yesterday.

Answered 6 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
I assume this is another version of a similar question posted. The answer remains the same, with the exception that if the RM has come due and you cannot afford to pay it off, by definition you will likely forfeit your property. You may also want to retain a bankruptcy lawyer to examine that as an option depending on the terms of the deal you made with the RM company. ... Read More
I assume this is another version of a similar question posted. The answer remains the same, with the exception that if the RM has come due and you... Read More

I want to file a Motion for Foreclosure Mediation

Answered 6 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
If you are in a foreclosure post divorce - this should have been addressed in the divorce proceedings. Not sure what question is or what you expect to accomplish in a mediation since you suggest that you don't have the money to maintain the mortgage. You may need to "unretire" and with a gainful employment seek to refinance the property or if there is equity in it, sell it and move towards maintaining a lifestyle you can afford. ... Read More
If you are in a foreclosure post divorce - this should have been addressed in the divorce proceedings. Not sure what question is or what you expect... Read More

How do I let the judge know that I would like the judge to hear my case, but if an attorney won't take my case, then what can I do to be heard.

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You will have to actually file a lawsuit on your own - which is not likely to be be productive as legal malpratice cases are very expenseive and high risk cases. 
You will have to actually file a lawsuit on your own - which is not likely to be be productive as legal malpratice cases are very expenseive and high... Read More

How do seek relief from lender who gave me a predatory loan and then fraudulently foreclosed on my home

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
All those allegations shoudl have been addressed during the foreclosure proceedings. You would likely need to spend a good deal of money now after the fact to see if a lawyer can find some other remedy. 
All those allegations shoudl have been addressed during the foreclosure proceedings. You would likely need to spend a good deal of money now after... Read More

Can I get my case tolled, or request an extention for my case?

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Sorry - but you can't just throw up your hands and cry "victim!" or "not fair!" and get special consideration. Not sure how or why you are "about to lose your house" or that lawyers won't take your case, as these make no sense in the context of what seems to be a legal malpractice case of some sort or other intertwined with a foreclosure action.... Read More
Sorry - but you can't just throw up your hands and cry "victim!" or "not fair!" and get special consideration. Not sure how or why you are "about to... Read More

I got an electronic filing served to me on a foreclosure on a property I owned that was discharged in bankruptcy. I did not reaffirm the mortagage

Answered 6 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You need to talk to your BK lawyer and see what they suggest. 
You need to talk to your BK lawyer and see what they suggest. 

What do I do: A Tenant who Got Caught in a Landlord's Foreclosure Lawsuit

Answered 6 years and 4 months ago by Steve Louis-Charles (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Hello... You do not have to appear for the trial on the foreclosure matter. As long as you were just a tenant and not on the note and mortgage any eventually judgment of foreclosure should not effect you. Your name was listed on court filings because the law requires all interested parties, which would include tenants in current possession to be notified of all proceedings occuring in court. Hope this helps. Please leave a positive review.  ... Read More
Hello... You do not have to appear for the trial on the foreclosure matter. As long as you were just a tenant and not on the note and mortgage any... Read More
Foreclosures
Florida

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