Foreclosures Legal Questions

The mortgage foreclosure claim and the sewer district claim are two independent issues. One of them can proceed without regard to the other. If you really got no notice of the 'tax sale,' conducted by the Sewer District which is usually just a transfer of the right to receive payment, you can move in the court for a dismissal or suspension of proceedings. But there is a legal presumption that first class mail was delivered to the addressee within 3 business days, so you may find it hard to prove that you did not receive notice. Also, there are apparently a number of creditors' claims you are facing. You might want to consult a bankruptcy lawyer. The Automatic Stay of bankruptcy stops almost all collection actions. But you would have to be ready to file under Ch. 13, and pay the arrears on the mortgage and the sewer district lien (as I assume it is) over the Plan period, which is generally 36 or 60 months. I would find a skilled BR lawyer today. That said, I see that you make some reference to action which must be taken by he 29th of April. Today is the 9th of September, so your question might have become stale. (I don't know what caused the delay.) Good Luck.... Read More

Since you don't want the house, you may not need to do anything. Their 'charging off' the mortgage debt may mean that they waived any deficiency on the resale of the house. While that is often a good deal, you could wind up paying tax on a portion of the forgiven debt. Many tax preparers do not understand the limits of the applicable law. Ask your preparer to review sec. 108 of the Internal Revenue Code.... 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 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

Depending on your overall financial situation, it may be advantageous to file bankruptcy.  If you would liek to schedule time for an assessment of your situation, we ste up such appointments with al minimum $100 prepaid fee.   Let us know if we can assist you. Drew Andrew J Thompson THOMPSON LAW OFFICE (317) 564-4976... 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 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

Your question is unclear. Have you already started a lawsuit to have the quitclaim deed voided? You are describing a clear case of elder abuse (Cal. Civ. Code 15600 et seq.) If she hasn't done so already, the lady should consult a lawyer about filing suit to have the entire transaction voided and for money damages.... Read More

First, we need to distinguish between lien (Mortgage) and debt (Note).  The Mortgage was included in the foreclosure by virtue of its being attached to the property, which appears to have sold at Sheriff's Sale.  It attaches only to the property and it affords the right to foreclose upon non-payment.  It will survive a BK, but not a state foreclosure. It appears that, if not extinguished yet, it is in the process of being extinguished. As to you, the personal promise to pay is the Note.  This appears to be what is in collection and payment can be averted by a Chapter 7 filing.  That obligation is subject to any discharge entered.  Depending on the exact state of the Foreclosure, this may be affected by a Chapter 13 as well, but you may be forced to pay cents on the dollar. You should make an appointment with a Bankruptcy attorney to determine if you pass the Means Test so you are able to file a BK7.  Also, you can determine what, if anything, a filing will do to you and the costs as well as insuring it will do what you wish it to do.  Since you are also divorced [before his passing], a copy of that Judgment should be brought and reviewed to insure that it has no effect on the dischargeability of the Mortgage.  If there is a right to sue your ex-husband' estate, that can be discussed with the attorney as well.... Read More