Florida Foreclosures Legal Questions

If you are received the witness and exhibit list, you likely have trial set in the case in a few weeks. At trial the judge will enter a final order in the case and will likely set a sale date for the property. The property may likely be sold in about 30 - 45 days and you may be evicted another week or two after the sale. However, there are many options still available to defend or delay the case. Depending on the facts of your case you may be able to get representation for a low cost and it is likely any fees would be more than worth the additional time or defense you receive (or if you win at trial attorney fees may be paid for you by the bank).... Read More

I don't understand what you mean by "court papers." Most foreclosures in California are "nonjudicial," meaning there is no court proceeding necessary. If you are talking about a Notice of Default, the lender is probably required to include in it the names of all persons who are on the title. Have you contacted the lender or foreclosure company that is handling the foreclosure? You could offer to sign a quitclaim deed, which would release all of your rights, title, and interest in the property. You might even be able to negotiate a payment from the lender in exchange for your quitclaim. This has the effect of removing your name from the title. You could also sign and record a quitclaim deed yourself.... Read More

First, banks arent typically required to approve a short sale. They typically do it for thier own selfish interest. If there are notices required during litigation, you should address this with your foreclosure attorney as these often have litigation immunity and most be dealth with via sanctions etc by the court.... Read More

If the note that is secured by the mortgage was a part of the bankruptcy, the debt was discharged.   However, the mortgage was not discharged.  Therefore, you would be subject to a foreclosure acton but no deficiency judgment should issue. www.OrlandoBankruptcyQuestions.com  ... Read More

I am not sure what you mean by "home side". An HOA may be able to restrict your privileges, including the use of a key card, unless it is required for all access (No guard gate).  However, you should have some ability to access your home.  If they attempt to totally lock you out, contact an attorney that is familiar with HOA disputes.... Read More

Generally, the estate and/or beneficiaries have no responsibility for a reverse mortgage.  If you want to surrender the property, then do nothing and they will foreclose.  If you want to keep the property, then you must pay-off the mortgage.  They are correct that you do not have the right to deed the property, unless a probate has been established naming you the personal representative. It does not sound like you have a "mess", but the mortgage company has to take the necessary action to secure the property.  If you are living on the property, have personal assets on the property, or are renting it out, that may raise other issue, which you should discuss with an attorney. ... Read More