Florida Foreclosures Legal Questions

You cannot arbitrarily get your name off the mortgage without the consent of the lender.  Your agreement was with your ex spouse, not the mortgage company, which has no obligation to abide by the terms of your settlement.  You should consult with your family law attorney to determine whether or not there are any rights that you may have pursuant to your marital settlement agreement.Please note that a quitclaim deed only relinquishes your title interest in the property, but has no effect on any liens or obligations which you incurred as part of your prior ownership of property.... Read More

Our office represents clients who are in similar situations all the time. Each case is different depending on the amount of the debt, the actions of the Mortgagees, and the goals of the client. Short sale, modification, redemption, foreclosures, litigation, and bankruptcy are all options. Honest dialog with the client of what the options are and what their goals are guide the direction we take on each case.... Read More

The date for the sale is listed on the notice of trustee sale. If you haven't received the notice of trustee sale the date of the sale will be 90 days from the date that you do. A bankruptcy filing will stay the sale. Also, you can contact an attorney or housing counselor to get a referral to mediation.... Read More

This question cannot be answered without knowing where you live. As to bankruptcy - please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.... Read More

If you have received a summons, that means that you have been sued. Unless you respond to the lawsuit in a timely and proper manner, it is extremely likely that you will lose the lawsuit and have a judgment entered against you. If you want to prevent that outcome, it would be best to begin trying to locate a lawyer as soon as possible.... Read More

What many people think is the bank/lender isn't. The entity that is contacting you is most likely the servicer ( Collector of payments). Servicers are frequently changed. You need to find out who is the lender/beneficiary of the loan. If that entity wasn't included in your bankruptcy. You need to reopen the bankruptcy and add them.... Read More

In Washington under the Foreclosure Fairness Act you have a right to meet and confer with the lender to try to work out a modification. If that fails, you have a right to mediation which is a procedure where the lender and borrower try to resolve modification with the help of a mediator. However, you must be referred to mediation no later than 20 days after the Notice of Trustee Sale has been recorded, otherwise you lose the right.... Read More

It sounds like you received an unlawful detainee summons. The house has been foreclosed and the purchaser/lender is entitled to remove you.You must appear in Court, if you have any defenses. The purpose of the hearing is to obtain a Writ allowing the Sheriff to evict you. You can bring a motion to the Court for an order to return the $3,200.00 in the registry of the court to you. But, you should look for a new place.... Read More

Unfortunately, in Florida, the condominium association is entitled to monthly fees AFTER your bankruptcy filing UNTIL the property is no longer in your name. Under Florida property law, a deed has to be accepted. You cannot simply deed the property to the bank. They have to accept it. Under the present housing situation, with the banks owning so many foreclosed properties, many of them do not want to be responsible for condominium fees so they delay the foreclosure, they do not "accept" the deed, and you are liable. One thing you can do is try to short sale the property so that a 3rd party purchases the property and pays the condo association the monthly fees.... Read More

This simply cannot be a real question by a real person, can it? You think someone is going to take it seriously, because you are so distraught over the fact that the spouse has not paid rent. Get out of there, or pay the entire rent yourself, or convince the spouse to leave. You have no rental agreement with the spouse, have the landlord evict only the spouse you are still married to. Go ahead and fail to pay the rent, because the spouse can't, and then both of you will be evicted.... Read More