Florida Foreclosures Legal Questions

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314 legal questions have been posted about foreclosures by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include bankruptcy, commercial bankruptcy, and consumer bankruptcy. All topics and other states can be accessed in the dropdowns below.
Florida Foreclosures Questions & Legal Answers - Page 4
Do you have any Florida Foreclosures questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 314 previously answered Florida Foreclosures questions.

Recent Legal Answers

Will this foreclosure affect my credit since I am on the deed, even though I was removed from any financial responsibility and am not on the loan?

Answered 9 years and 11 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You need to talk to a family attorney in the area where the divorce was located. You are probably mistaken as to being taken off of the loan. Yes, a foreclosure will affect your credit.
You need to talk to a family attorney in the area where the divorce was located. You are probably mistaken as to being taken off of the loan. Yes, a... Read More

Judicial foreclosure 2nd mortgage

Answered 10 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
If you dont know the answer to such questions already, you have no business buying distressed properties period. If you are intent on doing you so you need to retain a real estate lawyer to assist you before you make horrific financial mistakes. 
If you dont know the answer to such questions already, you have no business buying distressed properties period. If you are intent on doing you so... Read More

How can I get legal access to my vacant condo?

Answered 10 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You'll need to talk to yourBK lawyer as you may well have surrendered the propety possession in the Chap. 7. This is a common issue wth the post BK filing accrual of COA dues where banks dont foreclose for extended periods of time.
You'll need to talk to yourBK lawyer as you may well have surrendered the propety possession in the Chap. 7. This is a common issue wth the post BK... Read More

My home for two years was a scam and is being foreclosed and auctioned, what are my options?

Answered 10 years and 3 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Go have a full discussion with a local attorney. That is your best option at this stage. If you know who scammed you, there might be something you can do about it.
Go have a full discussion with a local attorney. That is your best option at this stage. If you know who scammed you, there might be something you... Read More

Bankruptcy and foreclosure summons

Answered 10 years and 3 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Youll need to direct this to your BK lawyer.
Youll need to direct this to your BK lawyer.
There is no legal remedy for you spending beyon your means or not having the ability to pay for your finaincial obligations due to disability. You will either need to find the means to pay the loan or you will likely find youself losing the house through a bankruptcy or otherwise. You need to speak to a bankruptcy lawyer about the proper way to go about addressing this before it gets out of hand. ... Read More
There is no legal remedy for you spending beyon your means or not having the ability to pay for your finaincial obligations due to disability. You... Read More

On the basis of the judgment lien having become legally stale, how would I try to persuade the real estate department to close the sale?

Answered 10 years and 4 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You need to give more facts than this and a review of all relevant documents is in order to be able to answer this question.
You need to give more facts than this and a review of all relevant documents is in order to be able to answer this question.

Would filing Bankruptcy Chapter 7 prevent me from obtaining a settlement to prevent foreclosure on my home?

Answered 10 years and 6 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
When you file a chapter 7 bankruptcy, the automatic stay goes into effect and the creditors cannot proceed with the foreclosure unless permission is given by the bankruptcy court. That is just part of it.
When you file a chapter 7 bankruptcy, the automatic stay goes into effect and the creditors cannot proceed with the foreclosure unless permission is... Read More

How often does the plaintiff file waivers to remove a stay so they can continue a foreclosure suit?

Answered 10 years and 6 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
A waiver is not filed. A motion to lift the stay is filed. Frequently, in probably almost every case.
A waiver is not filed. A motion to lift the stay is filed. Frequently, in probably almost every case.

Does anyone have any good ideas on how to get the other side to agree to a continuance for trial?

Answered 10 years and 6 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Hire another attorney? I do not have any good ideas from what you have written here, other than that. You need time to get another attorney?
Hire another attorney? I do not have any good ideas from what you have written here, other than that. You need time to get another attorney?

Am I allowed to seek advice from another attorney if I already have one?

Answered 10 years and 6 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Yes.
Yes.

What can be done if I received a 1099 under the correct loan type but wrong loan number?

Answered 10 years and 6 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Have a full discussion with an accountant or tax attorney about this.
Have a full discussion with an accountant or tax attorney about this.

Can I not go to the hearing as pro se, and reopen the same case when I have all the documentation?

Answered 10 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
Perhaps, but I would not take the chance that it would be dismissed without prejudice, so that you can file another case when you have all the documentation. It is best to get another attorney.
Perhaps, but I would not take the chance that it would be dismissed without prejudice, so that you can file another case when you have all the... Read More

Can I go to the hearing and ask for the home back since I still have the receipt and the original promissory note from our agreement?

Answered 10 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
What you need to do is get an attorney.
What you need to do is get an attorney.

Can I file a lien against the property for my purchase price?

Answered 10 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You purchased a home without doing a title search and finding out whether there were any liens on it. Basically, you get the home subject to all valid liens. Whenever you purchase real estate in Florida, or sell it, it is always best to get an attorney. This is quite true, as you probably now know, no matter what other people who are not attorneys tell you.... Read More
You purchased a home without doing a title search and finding out whether there were any liens on it. Basically, you get the home subject to all... Read More

If I lose at Summary Judgment on all issues, is there still a trial?

Answered 10 years and 8 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
If you lose your case at a Summary Judgment hearing and all issues/counts are addressed there would be no need for a trial. If trial was already scheduled, it will be canceled - there would be no issues left for trial the case would already be closed.
If you lose your case at a Summary Judgment hearing and all issues/counts are addressed there would be no need for a trial. If trial was already... Read More

Will this proof, and an affidavit from me attesting to this, defeat their new Motion for Summary Judgment on their Amended Complaint?

Answered 10 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
No, they do not have to prove that you received it, only that they sent it, and with the proof that you seem to want to provide, you help them prove the case. The best thing for anyone who is facing foreclosure to do is go see an attorney. There might be other issues that can arise in a foreclosure case and you need to see an attorney who handles them regularly. This question touches on only one hot topic in Florida foreclosures.... Read More
No, they do not have to prove that you received it, only that they sent it, and with the proof that you seem to want to provide, you help them prove... Read More

If I didn't sign the note, why should a judgment be issued against me as well as my ex?

Answered 10 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
I have to actually see all the documents that you are talking about in order to give you solid advice. You do not have to be on the note, but you are on the mortgage and the deed. They must sue you.
I have to actually see all the documents that you are talking about in order to give you solid advice. You do not have to be on the note, but you are... Read More

I have a timeshare I cannot afford to keep, what do I do if they refused me a deed in lieu?

Answered 10 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Wait until they start a foreclosure and ask again.
Wait until they start a foreclosure and ask again.

What does an FHA case number mean for us?

Answered 10 years and 10 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You want advice on documents and letters that I have not seen and cannot read. I would have to see all relevant documents. Go see a local attorney about this before you do anything.
You want advice on documents and letters that I have not seen and cannot read. I would have to see all relevant documents. Go see a local attorney... Read More
If you intend to hold them to it, knowing that the option is foreclsoure, best bet is to hire counsel now, though you will pay out of pocket, you may save lots in the long run.
If you intend to hold them to it, knowing that the option is foreclsoure, best bet is to hire counsel now, though you will pay out of pocket, you may... Read More

How do I sue an international bank for wrongful foreclosure and fraud?

Answered 10 years and 11 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
I suggest you speak with an attorney directly. The harassment and collections efforts may give rise to a valid cause of action; however, many of the other actions you describe are often perfectly legal. You would need to sit with an attorney to discuss the specifics of your case further.
I suggest you speak with an attorney directly. The harassment and collections efforts may give rise to a valid cause of action; however, many of the... Read More

What should I expect at the hearing?

Answered 10 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
This type of isseue is why you either retain a lawyer to handle the eviction process for you or educate yourself using such services a www.5hourlawschool.com
This type of isseue is why you either retain a lawyer to handle the eviction process for you or educate yourself using such services a... Read More
To .little too late. Now they have a judgment you will owe the money again.
To .little too late. Now they have a judgment you will owe the money again.
There is no way to answer the question posed other than it appears you may be illicitly trying to represent your friend in court and trying to admit clearly hearsay evidence. Your friend needs to hire an attorney immediately. He may also find this of interest www.5hourlawschool.com
There is no way to answer the question posed other than it appears you may be illicitly trying to represent your friend in court and trying to admit... Read More