Florida Foreclosures Legal Questions

Good Lord its like there is a cloning machine for pro-se foreclosure defendants. No - you cannot file a federal case for issues you lost in the state court proceedings. Its called the Rooker-Feldman doctrine. Your remedy is to seek releif in the state court by appeal or re-hearing, etc. Since your track record to date is not so hot, if you expect to continue the fight, you will need to do so with an actual lawyer before you get labelled as a vexatious litigator. ... Read More

99% of the time a lawyer not addressing your "main concern" is going to be based on payment of legal fees, or more typically lack thereof. If you are willing to pay the legal fees for the work performed 99% of lawyers are happy to do whatever you want them to do. This is an issue you need to address with the lawyer represnting you. ... Read More

Other than tossing legal terns around, this issue revolves around the terms of the agreement and the situation. If you have a legitimate lease the new owner will take the property subject to it BUT have the right to give you 30 days notice they are terminating the tenacy. While you may have some legal basis to cry foul, the real issue will be determining if its worth the financial expense to challenge the issues legally and to what end. If you want pursue a legal option you will need to retain a tenant lawyer to intevene. ... Read More

You simply won't. You can't expect to not pay a bank, force them to foreclose on your property and then after then spend 80k in the effort expect them to just eat the expense for your benefit. You probably just cost yourself a bunch of equity not handling this properly and the 2nd mortgage lender see plenty of equity to pay both first mortgage and second debt so you dont seem to have a lot of leverage. ... Read More

My biggest advice is to consult with a mortgage foreclosure defense attorney immediately.  Most offer a free consultation.  Even if you don’t end up hiring a lawyer, it is a good place to get your options.  If you are talking about the initial default letter from the lender, you may still be able to get something worked out before a foreclosure lawsuit is filed against you.  To be clear, if a lawsuit has been filed and what you received as a Clerk’s Default (or some notice of default in court), it means you have to act very quickly to get that taken care of or you could lose your chances to raise defenses.  However, it sounds like the initial default letter.  So, my advice would be to consult with an attorney to review the letter and your particular situation to see what options may be available to you.   If you do nothing to address things now, the next step is a lawsuit being filed against you and the lender will seek a foreclosure sale of the property and possibly seek a deficiency judgment as well (that just means seeking any money from the judgment that wasn’t recovered by the sale).  Unfortunately, it means you are in a tough spot, but it sounds like it is still early so you may have some options.... Read More

Then your best bet is to look for a property elsewhere if the owner won't "go quietly" unless you have the expense and exposure built into the purchase price. Not sure why you are asking about "redemption rules" unless you actually expect the owner/occupant to pay off the mortaage out of the blue.... Read More

THIS is whathappens with self lawyering. YOu SHOULD have had a real estate lawyer handle the purchase transaction, which would have prevented the issue, and then the minute a lawyer was involved for the HOA rentained a real estate lawyer to address that issue, again to keep things under control with good decision making. You need to hire a lawyer ASAP to adress this and try to get this issued resolved. ... Read More

Generally yes, they can foreclose. Not sure how "the community" is outraged when the HOA  board is elected by the community and often have to vote on the raising of HOA dues. This needs to be addressed at a board meeting and those that are "outraged" may want to bind together to hire a collective lawyer to address the issue and defer the expense. ... Read More

"I screwed up a payment for June and was immediately placed in Foreclosure"........THAT we know did not actually happen. Such a statement indiates there is MUCH more to this story than related and it will require a lawyer to get accruate facts directly to give you proper remedies and guidance. You will simply need to invest several thousand dollar in a retainer for a legitimate lawyer to intervene and address this issue and get this solved. ... Read More

Nothing like waiting untl the last minute. The answer is who knows and you wil only find out once you hire the lawyer to review the case. Practically, you should have no illusions that a lawyer hired one week notice is going to do anything miraculous, under the old adage of "lack of preparation on your part does not make an emergency on the part of others."... Read More

You can't simply foreclose because you are unhappy with inconsistent payment. The material breach of the mortgage agreement/note is determined by the terms of the mortgage and the promissory note. You will need to retain a real estate litigation attorney, and likely be prepared to pay out of pocket for the legal action, with the idea of adding the money spend to the judgment assuming your PN provides for legal fees for enforcement. ... Read More

If you have been involved in the foreclosure no, the Court will determine the rights of the parties and if you have no right to live there the bank can seek your removal. Since you were aware of the issue and actively involved in the proceedings you have had PLENTY of time to plan for the possibility of getting removed and the court may have little sympathy and view your efforts as just another delay tactic. If you expect to try to buy more time, you REALLY need to hire the lawyer now you should have hired long ago, to address this. ... Read More