Florida Foreclosures Legal Questions

It sounds like you had defenses to the foreclosure which you didn't raise. If you had, you might have been able to stop the foreclosure. If they are suing you for the difference, you could raise them as a defense to the debt. What the bank did to you is common and most people don't realize that they should defend the foreclosures.... Read Answer

This is a rather convoluted question which makes no sense. The situation does not make much more sense than the question. When you sell a home to family members, you have to do what is required by law. When you do things without having the advise of an attorney, you do so at your own risk. Get an attorney.... Read Answer

Foreclosure means final judgment which means that you would have a public record recorded against you in your credit profile. Public records have a profound effect on your credit. A "DIL" would not have the same effect on your credit profile and your bankruptcy has prevented the possibility of a deficiency judgment.... Read Answer

If you put a lien on your home you have to pay the lien in order to keep the house. The lender has a right to foreclose if you are not paying the debt. In bankruptcy there are a few exceptions cramming down a first mortgage - but that is fairly complicated. You really need to get legal advice to determine your options.... Read Answer

When a person dies, his or her estate takes over the deceased person's rights. Until the matter is fully litigated, the court doesn't know who will get what. It may be that there is a valid defense to the foreclosure. There may be equity in the home. The estate may want to agree to a short sale. The estate may want to sell the property and pay off the mortgage at a profit in which case the estate will get the profit. There may be assets other than the home that are part of the estate. If there are assets above the expenses, the child will inherit them. If there are debts in excess of the assets, there will be nothing for the child to inherit. If you are interested in purchasing the house, you might want to approach the estate with an offer. If no offer is accepted and there are no valid defenses, the home will be sold at a foreclosure auction. You could then bid at the auction as well.... Read Answer

You should return the papers you received to the law firm that was named on the papers by certified mail return receipt requested along with an explanation that they were served on the wrong party and be sure to keep a copy of your letter in case the law firm disregards your advice that they have served the wrong party. If you have had the problem with this other man with the same name as your fiance and know his address you would be wise to include this information in your letter of explanation to the law firm. If you know where the other person lives, it would also be wise to give that information to the law firm. It is unfortunate for your fiance that someone with the same name and middle initial lives in the same township. You should probably contact the postmaster and let that office know about the problem and try to work something out with the postal authorities to make sure that the mail gets to the right place if your fiance is getting mail that belongs to the other person with the same name and middle initial.... Read Answer

Does removal appliances constitute theft? Generally speaking, fixtures that would cause damage to the property through their removal cannot be removed from a home. Did the appliances belong to the renter/prior owner? If so, it is a more challenging case to prove and it may depend on the real estate sales contract. If you are speaking of a short sale purchase, for example, you may have a hard time successfully bringing a case unless the contract was explicit. If you are speaking of a renter who took these items when their agreement expired, and the items belonged to you, I see a strong case for theft.... Read Answer

A voluntary dismissal means that the bank has dropped that party from the lawsuit. This is frequently done when the bank thought that there was a tenant in the property, but later finds out that there is not a tenant. Hence the bank would voluntarily dismiss the unknown tenant. If you are the owner and the voluntary dismissal says that the case is dismissed as to you, the case is over.... Read Answer

You would have to consult with a bankruptcy attorney to find out what your options are. There are no simple answers to questions like yours. Is it your home or your brother's that you want to save? If you have another house that is your home, you are able to claim that it is exempt from the claims of creditors, like the debt on your brother's house. They cannot force a sale of your home to satisfy the debt.... Read Answer

Your retirement account is shielded from 3rd party creditors; a simple savings account is not. When you file, if you are in default, the bank may offset what you have in your savings account against what you owe the bank. MOVE your savings account to a bank to which you owe no money BEFORE you file bankruptcy.... Read Answer

A foreclosure will likely stay on your credit report for seven years. Depending on your circumstances, you may be eligible for a federally backed home loan in as little as two years. Four years is probably a more typical time frame for a new mortgage loan, but if you can make a large down payment, there may be no waiting period at all.  ... Read Answer