Florida Foreclosures Legal Questions

The answer to this question really has nothing to do with foreclosure, oh lawyers, attorneys, or mortgage companies. If you are legally obligated on a debt to a company, professional or a person, they can take you to court and get a judgment against you in place a lien against your income or your bank account or property you may own. The fact that this revolves around foreclosure, there are no special rules for foreclosure, so the same recourse is there for anyone that you owe money for. And usually the only way to get away from it legally would be to file either a chapter 7 bankruptcy or a chapter 13 bankruptcy. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

You may have much better options than you think. It is possible to quit claim the property and you wouldn't pay anything to the bank, but you may have ways to make money in the process instead of just walking away. Consultations are free, and can be done over the telephone, but details on your situation I believe requires additional knowledge about your foreclosure case status, additional liens that may be in place and what value the property has.... Read Answer

You certainly do not want to wait your home to be foreclosed to file for bankruptcy. There are several reasons but the most important of which is they will come after you for the remaining balance on the mortgage that is not received from the foreclosure sale. Or worse they will write off the remaining balance and send it to the IRS as income. The IRS considers this as a 1099 form of income. So if there is a difference of $100,000 between the sale price and the amount owed on the mortgage you may have to pay the IRS on that money as if you earned $100,000 in that year. Furthermore if you file prior to foreclosure that stops the foreclosure and you can continue to rent the property until it is actually foreclosed upon, and the tenants as long as they have a lease with you should be protected from being evicted by the new owners, depending on the laws of your state. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

Typically,  like most pro-se litigants, your motion is either improper or simply a bad motion. Courts dont grant motions just because the otherside no shows. The motion has to be proper and adequately supported to be granted. Losing an undefended motion is a sure sign you need to hire an attorney to help you.... Read Answer

I see this happen every day, a divorce decree or settlement in the divorce case has absolutely no bearing on a mortgage. If your name was on the mortgage and it was foreclosed, the factor your wife's name was on the deed has nothing to do with the situation. Now that foreclosure is on your record and your credit history has been affected. Furthermore if there is any deficiency from the foreclosure sale that did not cover all mortgage payments then you are still liable for those and the lender may come after you for them. Since the foreclosure is already occurred you pretty much have two options wait and see with the bank does or file for bankruptcy to wipe out the debt. Your answer really will come from what your financial situation is and how much the bank is can go after you for. It would've been better if you were to file bankruptcy prior to the foreclosure because at that point the IRS tax ramifications would not come into play, but as your wife allowed the foreclosure go through it really depends on how the banks and a proceed at this point. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

The answer is yes and no. You cannot sell anyone else's property without their permission, even if the home is in foreclosure, except without court approval. Basically simply because your house in foreclosure, does not allow you to sign off on selling someone else's interest in property based on the fact that the house will be lost to the bank if nothing occurs, even if you have a way to fix the situation. In this situation since you are going to a divorce, the best solution would be to file a motion with the FAMILY COURT which would deal with the situation. But do not just attempt to sign off on the other person's name, simply because their being difficult in a divorce. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob... Read Answer

It all depends on which state you live in, as different states look at the same situation differently. In the state which I reside Massachusetts, we have laws to address this exact issue. In Massachusetts a lender cannot foreclose on a property unless they are the holder of both the mortgage and the note. Small lenders and credit unions usually never sell their mortgages, so this really is an issue with them. The larger bank such as your Bank of America, Chase, Wells Fargo, etc., usually take large numbers of loans between 1 to 10,000 loans and package them up into what is called a pooling trust. The vast majorities of these pooling trust, which are used by the banks to be able to trade their mortgages on the New England stock exchange, separate the note and mortgage. In Massachusetts we attack this in Superior Court in the county that the home is located in. If you would like more information all you need to do is Google "Ibanez foreclosure case", this will give you plenty of reading on the exact subject matter you're asking about. This is the main case that we use in Massachusetts to not only stop a foreclosure, but also prove the bank doesn't own the home, thus they can't even legally take your mortgage payments. If we take these cases all the way to trial and when then the home owner owns their home free and clear and will never have to pay the mortgage company ever again. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

Without hiring a lawyer to review the record, no way to tell for sure. General answer is NO, as the litigation process does not allow "do overs" after a party loses a hearing. If you are looking at an appeal you REALLY need to consider hiring a lawyer to handle this for you as they are very complicated. We do offer FREE consultations to see how we can help. Just call 1-800-922-6442.... Read Answer

There are various reasons why your mortgage company keeps giving you a run around about getting you a deed in lieu. Simply stated the answer is they'll get more money from less work from foreclosing on your property then they will get from a deed in lieu. The deed in lieu pretty much write off your debt and places the home in the possession of the bank, which in turn the bank needs to go through a sale to sell it to recoup its losses. But if the bank chooses to use foreclosure, all of this is accomplished and one single foreclosure auction sale. At this point you may just want to file a chapter 7 bankruptcy so you do not have to pay any delinquency charges or be liable for paying any IRS income tax on the 1099 form they will send from the deficiency of the foreclosure sale. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147... Read Answer

No way to tell without looking how that rule came to be and your HOA rules, etc.....bigger issue is whether it is important enough for you to spend several thousand dollars on a lawyer to challenge the issue with the HOA so you can say your piece? If not, you wil likely be in limbo with you saying yes, and them saying no, until somehting blows up..We do offer FREE consultations to see how we can help. Just call 1-800-922-6442.... Read Answer

Depends on the facts, but generally no personal liability if you have a standard POA and were acting on her behalf alone. Since you are gettin sued though, best bet is to hire a lawyer to address the issue properly. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read Answer

Problem here is spending dollars to chase dimes. It may not be right, but financially, itis probably wiser to chalk it up as a loss and move on. Its not fair, but its the most practical answer. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.... Read Answer

Probably not, but there are too many variables that would need to be addressed before a direct answer can be determined.  Namely, I’d be interested in taking a look at the reverse mortgage paperwork and the civil summons.  Generally, the only “liability” you would be dealing with is the loss of the home per the reverse mortgage.  To be sure, I’d advise getting a consultation with a local real estate or foreclosure defense attorney where you can have all of the documents looked at and discuss the details.... Read Answer

It goes to auction.  They can't just sell it, and here’s why – the association isn’t the owner just by virtue of a foreclosure judgment.  When they foreclose on the property, the judge orders a sale.  Ownership doesn’t just transfer to them.  The Court holds a sale and the highest bidder buys it at least for the judgment amount (lien, plus attorney’s fees and costs usually).  Now, many times, there’s no bidder so the condo or homeowner’s association buys it so they can sell it.  So, long short – if you want to purchase a foreclosed condo, start with the auction.  Keep in mind, though, that even if you get it for a “steal” like five or ten thousand, it may still have liens like a bank loan on there and they can still foreclose – it’s a messy situation that’s become more frequent with the crisis in FL.  ... Read Answer

Unfortunately, THEY aren't forcing the foreclosure, YOU are. If there are payments you owe, they are not required to negotiate with you or make a deal. BEST way to resolve the issue is pay the money and fight about the other issues later. If they sell the house for more money, thee xtra would go to you or lein holders but problem is they have no incentive to maximize sale or hold out out for best price. If you are looking to address this issue, you should hire a lawyer to help you.... Read Answer