Florida Foreclosures Legal Questions

You take the property subject to the mortage lien, assuming your bid was just on the COA dues owed but did not address the mortgage lien - so unless you pay it off, in full and obtain a satisfaction of mortgage, typically the lender will then foreclose on your interests and sell the property yet again. You should have known the answer to this question BEFORE you decided to play real estate mogul and buy properties at auction. This is a receipe for many people to lose thier investments. You need to contact the lender and work out some deal on the pending mortage lien ASAP. ... Read More

You can't just change yo mind and undo the deal - thats why they have written contracts. You will need to retain a lawyer at some expense to help see what options you have. Otherwise any default will affect yourcredit and could result in a lawsuit against you for foreclosure or damages. ... Read More

If you don't know the answer to this - you should not be buying foreclosure properties as an investment. This is something that should be vetteed before you attend an auction or buy such property. You need to retain a real estate lawyer immediately to address how to deal with this problem. ... Read More

You respond by admitting, denying, or saying that you are without knowledge as to the separate numbered paragraphs in the complaint, and then by setting up affirmative defenses that you have. You need an attorney on your side to do this because you know nothing of affirmative defenses that might be available to you. There has been much case law in the past few years from which you might be able to get some valid affirmative defenses.... Read More

First and foremost, thank you for your service. Second, stop playing that issue issue up as a means of currying favor or special privilge with the courts or in the legal system, as it simply casts you as desperate or as unreasonable beause you aren't gettin special treatment that you're not entitled too. That stated, if you are pro-se you are already pna greased slide to losing in a foreclosure case as the courts are less and less tolernant of pro-se defense efforts and favoring the banks....see the recent Bartram case. You may want to see if veterans or some charitabe organization can help you finanically or fund raising to hire an appellate lawyer to sort this out or at least do damage control at this point. if you were a JAG officer, then as a lawyer you already know the complexity of the issues are not suited for po-se handling. ... Read More

It is not so easy that there is just one thing that you can do to end this nightmare. The bank has to foreclose and get the title into its name before the county records will reflect that you are no longer the owner. Basically, you cannot rush that along, but you could contact the bank and offer a deed in lieu of foreclosure.... Read More

Not much practically unless you are contending there was equity in the property or that the sale wasnt commerically reasonable. You can try to challenge the result, but unless you would be able demonstrate that you would have paid off the first mortgageto retain possession, which you could have equally done by a re-fi, you likely made a poor choice of investing in repairing a property subject to a defaulted mortgage. The bigger issue is, if you were holding the second, what did you do to ensure payment on the first if anything as the second was subordinate to the first which was still owed.... Read More