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 9
Do you have any Florida Foreclosures questions page 9 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

Who is responsible for this mistake and the aggravation and expense in correcting it after more than 30 years between the previous owner and me?

Answered 12 years and 5 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
It may not be a mistake, if you had a survey previously done and you believe the property is yours you can challenge that the property is yours with the competing survey. If there is an encroachment, you may be able to make the argument that the property has become yours by adverse possession. Alternatively, you could have an action against the title company or surveyor, depending on what representations were made or insured. Contact an attorney to address the specific facts of your case who can review each of the relevant documents to properly advise you.... Read More
It may not be a mistake, if you had a survey previously done and you believe the property is yours you can challenge that the property is yours with... Read More

FDCPA VIOLATION BY HOA OR COLLECTION AGENCY

Answered 12 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
FDCPA may not apply as it does not apply to first party creditors. The Florida FCCPA may apply though. You can call us at 1-800-922-6442 if you would like a FREE consultation on this issue.
FDCPA may not apply as it does not apply to first party creditors. The Florida FCCPA may apply though. You can call us at 1-800-922-6442 if you would... Read More
Too vague of a question. Nothing good would be the obvious answer. BEFORE you do such a thing, you would be well advised to actually hire an attorney to address some of the options with you so you can make proper informed decisions about your financial situation. If you concern is that one forclosure could adversely affect the other properties, that is a distinct possiblity that depends on a wide variety of factors.... Read More
Too vague of a question. Nothing good would be the obvious answer. BEFORE you do such a thing, you would be well advised to actually hire an attorney... Read More

Should I let my house go in to foreclosure?

Answered 12 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
Without knowing what your financial circumstances are, it is next to impossible to say what your options are. There are many banks trying to work out modifications with homeowners so that they can keep their homes.
Without knowing what your financial circumstances are, it is next to impossible to say what your options are. There are many banks trying to work out... Read More

What can I do if the house I am renting ends up in foreclosure?

Answered 12 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Well first, if property is in foreclosure, it is HIGHLY likely that you will be forced to move, so I would start looking ASAP. As to payment of rent to Landlord, I would be reluctant as this money may properly be owed to the bank. YOu may need to hire a lawyer to represent you, unfortunately at your expense, or contatc legal aid tp help you.... Read More
Well first, if property is in foreclosure, it is HIGHLY likely that you will be forced to move, so I would start looking ASAP. As to payment of rent... Read More
Sadly, you will likely have to make arrangements with new owners if they are willing to do so, or most likely move since lease is expired. You may also wish to intervene in the foreclosure to make sure you get adance notice and your rights are protected.
Sadly, you will likely have to make arrangements with new owners if they are willing to do so, or most likely move since lease is expired. You may... Read More

Can the letter stating that the mortgage would be reinstated if the stated debt is settled be used as a legal document to stop foreclosure?

Answered 12 years and 7 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
If you paid all the moneys that were due prior to foreclosure, then that can be used against the bank at trial. Consult with an experienced foreclosure attorney in your area.
If you paid all the moneys that were due prior to foreclosure, then that can be used against the bank at trial. Consult with an experienced... Read More

I live in FL and own a lot is SC what happens if HOA fee is not paid?

Answered 12 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
You need to ask this to a SC attorney. Us FL attorneys will not know the answer unless also licensed in SC.
You need to ask this to a SC attorney. Us FL attorneys will not know the answer unless also licensed in SC.

How do you get your name off of a deed you never signed?

Answered 12 years and 8 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
Because the property is now owned in part by you, you are a necessary party to the lawsuit. They cannot come after you personally and the mortgage foreclosure can only be what we call "in rem" which means the thing, the property. You cannot get your name removed from the suit.
Because the property is now owned in part by you, you are a necessary party to the lawsuit. They cannot come after you personally and the mortgage... Read More

My home is in foreclose for over 5 years

Answered 12 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Theorhetically, if that was the only lien and its satisfied, yes.
Theorhetically, if that was the only lien and its satisfied, yes.

What do I do with the money i have collected?

Answered 12 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
YOu should contact old owners and new owners to see what they want to do. If you cant sort out, you will need to hire an attorney to do an interpleader.
YOu should contact old owners and new owners to see what they want to do. If you cant sort out, you will need to hire an attorney to do an... Read More
Well typically, even an appeal will require a bond. Unless you file a bankruptcy, whcih invokes an automatic stay.  You should talk to a bankruptcy lawyer immediately though to make sure that you still have an interest in the property that is covered by the BK stay as many times summary judgment divests your interest in property.... Read More
Well typically, even an appeal will require a bond. Unless you file a bankruptcy, whcih invokes an automatic stay.  You should talk to a... Read More

How can I fight the foreclosure?

Answered 12 years and 9 months ago by Jeffrey Marc Siskind (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Foreclosures
Where are you in Florida?
Where are you in Florida?

What steps are needed to have the second mortgage completely removed?

Answered 12 years and 9 months ago by Erik Brito Espinosa (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
A 1099 discharge of debt is not a release from liability under the contractual obligation of the note and mortgage. It serves as a notice to the IRS that they do not believe they will recover the debt and for tax purposes the debt is forgiven; however, they could still file suit to collect the debt and the mortgage still serves as a lien on the collateral property if they did so, the 1099 would be reversed. In your case it would still have to be a short sale. The second loan was not discharged as you believe. Even a discharge under bankruptcy would only protect you from personal liability and still require a short sale, unless the lien was also removed from the property as part of the process.... Read More
A 1099 discharge of debt is not a release from liability under the contractual obligation of the note and mortgage. It serves as a notice to the IRS... Read More
Possibly. You should immediately hire an attorney to assist you on this before something bad happens.
Possibly. You should immediately hire an attorney to assist you on this before something bad happens.

Does a personal representative hold the same rights as a decedent?

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Unfortunately, you typcically can't "assume" the mortgage if the lender wont agree. If you are a PR you should really address these questions to your probate attorney handling that matter.
Unfortunately, you typcically can't "assume" the mortgage if the lender wont agree. If you are a PR you should really address these questions to your... Read More
This usually  spelled out in a pre trial order
This usually  spelled out in a pre trial order

how do i reply to a court summuns

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
You really should hire a lawyer to help you any time you are in court. We do offer free in office consults for this purpose if you wish to call 1-800-922-6442.
You really should hire a lawyer to help you any time you are in court. We do offer free in office consults for this purpose if you wish to call... Read More

what do i do

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Unfortunately, that you have a child and can't afford your rent is not the responsibility of the landlord. if you cant pay the rent, you will have to move. If you refuse to move the landlord will likely start eviction action against you, which may make it even harder for you to get a lease in the future. if you have no money and children, you may need to contact public assistanceor section 8 housing to seeif you can get some help with rent or find a place you can afford.... Read More
Unfortunately, that you have a child and can't afford your rent is not the responsibility of the landlord. if you cant pay the rent, you will have to... Read More

Does the Statute of limitations clock start from the default which would have been on my case in April 2004 as per stated on their court paperwork?

Answered 12 years and 9 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Foreclosures
What you need to do is get to an attorney and find out if you might be able to file a quiet title action. The S/L is 5 years from the default, but they did file within the time, then the case was dismissed. So, the time that the case was pending tolls the Statute of Limitations.
What you need to do is get to an attorney and find out if you might be able to file a quiet title action. The S/L is 5 years from the default, but... Read More

Can a non lawyer charge you to represent you at a mediation

Answered 12 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
Typically no, nor can they actually attend mediation for you or with you. If you are involved in a legal proceeding you should seriously consider hiring a lawyer. If you needed to have your appendix removed you woundn't even consider hiring a surgical nurse who watched a thoracic surgeon do the procedure hundreds of times just to save money. Using a non-lawyer or paralegal for legal matters typically causes bad results that cost even more money.... Read More
Typically no, nor can they actually attend mediation for you or with you. If you are involved in a legal proceeding you should seriously consider... Read More

want to buy a house, had a house in foreclosure

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
No problem. Just gotta find one ya like and lender who will give you a loan, unless you have cash.
No problem. Just gotta find one ya like and lender who will give you a loan, unless you have cash.
Obviously you owe it to someone...key is making sure you have the right person. Easy way is to confirm with people you THINK you owe, that new people get the $$. You dont want to just use this as an excuse to not pay anyone to scam free rent though, not that YOU  are but some people try, as this usually backfires badly.... Read More
Obviously you owe it to someone...key is making sure you have the right person. Easy way is to confirm with people you THINK you owe, that new people... Read More

bank foreclosure

Answered 12 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Foreclosures
If you dont know the legal effect of what you are signing, you should immediately hire a lawyer to make sure you dont jump out of ffrying pan and into the fire. A few thousand $$ spent up front can save tens of thousands or more later.
If you dont know the legal effect of what you are signing, you should immediately hire a lawyer to make sure you dont jump out of ffrying pan and... Read More