Florida Foreclosures Legal Questions

THIS is why people should never represent themselves in lawsuits even though they are allowed to. As the dismissal was with prejudice, your case is over and lost and the responsibility lies solely on the plaintiff's lawyer, i.e. you. Now you are confronted with the potential of paying for the other sides legal fees and costs or the ridiculous expense of reviewing the case for appeal. Should you have futher questions, please feel free to contact our office at 1-800-922-6442 for a FREE telephone or in office conference.... Read Answer

There are many options available to you. First, you may defend any foreclosure case which may be filed against you. It is highly recommended however that you get an attorney willing to litigate the matter and not just "delay the inevitable." Second, you should check out the Florida Hardest Hit Fund. If you qualify for help you may be able to have all past due payments made for you and keep your home. Contact me for any help needed.... Read Answer

There is none that you can file. You need to retain a lawyer to even think about doing this properly. For example, you reflect that the property "reverted" back to you which is a techinical term that is the opposite of foreclosure and incidates that your legal knowlegde base is likely inadequate to prosecte such a claim successfully.... Read Answer

Yes, they can foreclose. At the time of the refinance you were not married, it was not your homestead property, and your name was not on the deed. Yes, your interest in the property has existed since before the refinance, but you cannot claim that your interest is now superior to the mortgage because you never recorded the title to let them know you had an interest. If you recorded the deed timely, you would have either had to sign the mortgage too or they never would have given the mortgage. The law protects the bank in this situation because of your failure to notify them of your interest (by recording the deed).... Read Answer

If you are asking such questions at this late stage of the litigation process, it should be clear that you are well over your head and that its virtually impossible for any lawyer to provide you advice that would help you. For example, your determination that a magistrate is preferable for your case may be completely out in left field in the eyes of a competent trial lawyer. If you REALLY expect to achieve anything in defending a litigation case, other than abject delay, you really should have had legal counsel retained from the onset. If you any questions please call our office at 1-800-922-6442 for a FREE consultation.... Read Answer

You probably exempted your property as homestead; thereby, removing it from the bankruptcy estate and since the mortgage is secured by the property it survives the bankruptcy. You could possibly argue that there could be no deficiency judgment against you because of the bankruptcy but the same rule may apply.... Read Answer

In FL, if you buy in a judicial foreclosure sale where the bank/mortgage is foreclosing on a defaulted mortgage, the mortgage does not become the responsibility of the new owner.  The mortgage company gets paid through the proceeds of the sale, which is usually why the mortgage company will bid at the auction up to what is owed to them (the judgment).  This doesn’t happen every time, but quite often. If the bank/mortgage company can't get what its owed through the auction or later sale, it can go after the person that took out the mortgage through a separate action for deficiency.   Keep in mind that even though a foreclosure sale where the mortgage was in default doesn’t pass on to the new owner, that doesn’t mean there won’t be other encumbrances against the property like HOA/COA liens, etc.  Also, you should know whether the foreclosure sale is from a bank (default in the mortgage) or from a HOA/COA lien foreclosure where assessments weren’t paid.  If you are buying in that type of foreclosure sale then you may have a situation where a mortgage remains on the property and can foreclose.  Before investing, do your homework – these can be very risky.... Read Answer

Senior lien holders may make a claim, however you may file a claim for the funds and after a hearing the judge will determine to whom the funds are owed. You may want to contact an attorney to assist you to recover funds which may be available to you if you are not familiar or comfortable with the process.... Read Answer

In Florida, a mortgage foreclosure action will not automatically result in a deficiency judgment. In other words, just because you lose property in foreclosure does not mean you will remain personally liable for money owed to the lender. To obtain a deficiency judgment against the borrower after the foreclosure sale, the mortgage lender must file a motion for a deficiency and allege the property’s value and the amount of the deficiency. The homeowner can defend the motion and can contest the lender’s valuation. If the homeowner files a defense the court must hold a separate hearing on the lender’s request for deficiency liability. At a hearing on a motion for deficiency judgment, the mortgage lender has to show the court evidence that the property’s value on the sale date was less than balance owed on the note. Evidence of value requires the lender to produce an expert value witness. However, the homeowner/borrower can base her/his own value upon his/her own appraisal, or, use the local government’s tax assessed value as evidence of value. The borrower can bring to the hearing his own valuation expert. If the court finds that the foreclosed property was worth more than note balance on sale date the court will not give the mortgage lender a deficiency judgment against the borrower.  A 2013 Florida statute gives the mortgage lender one year to file a motion for deficiency. Under the old law a lender could file a new and separate claim for deficiency up to five years after the foreclosure sale date.  ... Read Answer

There is simply no way for a lawyer to answer such a question here. If your case has become that complicated, and you dont know how to address such an issue, its a clear sign that you really need to retain a lawyer to help you address the issue properly. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read Answer