Florida Foreclosures Legal Questions

Well harassment issues can be dealth with under the Florida Consumer Collection Practices Act and the Landlord Tenant Act. If you are wrong though, you may find you just forced an eviction by breaching your lease. If you would like to discuss retaining an attorney to help up you, we do offer FREE in office consultations at 1-800-922-6442.... Read More

Only if they wil accept it, but it doesn't mean you dont owe them more money.You should investigate whether a deficiency balance will likely exist before you do anything.If you are interested in hiring an attorney to help you, we do offer FREE in office consultations to explore how we can help. Just call 1-800-922-6442.... Read More

Do an internet search for tenants in foreclosure act and find out what your rights are if this federal law is still in effect. You have certain rights and might be able to stay in the property as much as 90 days past the sale. You have to inform the court in a written document that you are in fact a tenant in the property.... Read More

Contact an attorney quickly. You may be able to remove the mortgage completely and keep the proceeds of a sale without paying the mortgage. You could try to sell the home now, but will have to pay the mortgage as part of the process - if we can clear the title and remove the mortgage you would get more than just a clean start, you could get a windfall.... Read More

Unfortunately, you got what you paid for in a lawyer on the foreclosure. These are often very complicated cases, and sadly, asking questions here or in some online blog or forum rarely helps. You need to hire anattorney immediately to figure out what is actually happening andhelo sort it out before it gets out of hand. ... Read More

Very confusing facts. First you say mom signed a mortgage but you go on to say that the house is paid off. I can only guess you are mistaken or that the mortgage Mom signed is not on Mom's house but other property. However, if the  mortgage is on mom's house and it has been paid off, then your brother is required to file a release of mortgage.  Note, if there is money owed and there is a valid mortgage, having mom deed the property to someone else will not remove the lien of the mortgage.   You should contact an attorney to discuss.... Read More

There may be some way to look at thier actions as a breach of the contract by "wasting the asset" or some sort of tortious interference with the rental agreement etc. Unfortunately, I think few if any lawyers would take such a case on a contingent fee, and would likely view this as a retainer/hourly rate case. You smay want to document this issue well though, as it may ultimately act as a strong defense to any deficieny balance they may claim when the property is finally auctioned etc....... Read More

Not having seen it, I can’t say for sure, but I can generalize from experience.  Most likely, the original Plaintiff sold their interest in your Note, and, therefore, the new Plaintiff needs to move the Court to be substituted as the new Plaintiff.  While there is some case law out there that gives some room to argue against this motion, most likely the Court will grant the motion.  If you are curious what it means to your case, it means that you will be dealing with a new Plaintiff (assuming my generalization meets your facts).  Unfortunately, I can’t make guesses as to what it means substantively to your case.  It’s possible that the substitution could present defenses or it may not mean much.  As far as procedurally, it just means the old Plaintiff is out and the new Plaintiff is in.  It may also mean you’ll be dealing with new attorneys on the other side.  If you are defending your foreclosure without an attorney, I would highly advise at least a consultation so you know exactly where you stand.  Be wary of “self-help” sites out there.  The litigation is far more complicated than it may seem, and you need to have the whole picture.  This motion alone may mean a lot or it may have little impact – without all of the details, unfortunately, I can’t provide more guidance.... Read More

Yes. Upon discharge in a bankruptcy all personal liability in a debt is cleared. As to your specific questions of removing parties from a case, a motion can be filed if she has no interest in the property and no liability. However, a specific course of action should be discussed with an attorney due to the fact a trial is set.... Read More

Well, while the general answer to a “negotiations question’ is that anything is negotiable, in my experience, the bank’s attorneys aren’t going to budge on these numbers.  While it may not hurt to try, if you go past the reinstatement date, that offer will likely be off the table, and you’ll be looking at higher fees.  Generally, if you have the money, stay out of the foreclosure process.  It is a messy process and the cards are stacked against you in most circumstances.  However, that said, you may find it useful to sit down with an attorney to discuss your matter in detail.  Each case is different, and an attorney will be able to tell you what, if any, leverage you could have to negotiate.  My answer is based in my experience, and, unfortunately, that tells me that the only direction those late fees and legal fees are likely to go is up. ... Read More