Florida Foreclosure Process Knowledge Base
Florida foreclosure process question? Florida foreclosure process question? Help me out please. It starts with your behind on your mortgage (you are unemployed and can’t pay), 3 mos. later your served a complaint from the bank, you respond and try and work with them and tell them your situation and they don’t budge so you file your response with the court stating this in addition to filing bankruptcy, the bank than sends a Motion for Summary Judgment which includes a request for a final judgement. What comes next? Do the property owners get a chance to speak at a hearing? Landlord: ....for a top contributor you should know what I meant unless you got that title for all of your half a** answers. Yes, speak to what we put in our response. There summary judgment and request for final judgment makes no reference to our response or the bank trying to work with us. I already rec'd a worth answer anyway, that can't schedule a hearing without including us. I don't care. You know it is what it is. I am one of MANY Americans suffering. Ya my credit is screwed, but I can't help what's happened; we can't pay plain and simple. So the relief package that Bush passed really means "squat" to me. I would think the banks would rush to work with people but I guess not. I cut my losses and rent; there's plenty of nice vacant homes on the market to rent half the cost of my mortgage...life goes on
Foreclosure Process in Florida, I need help!!!? I live in Lake county Florida in the city of Leesburg. I believe my home is in pre-foreclosure. I need to know how long I have to get out or what the process is. I have already talked to the bank and I am not able to pay for it any longer my mortage went up $300 more a month. Does any one know the process? If it helps my mortage is thru US Bank. I am sorry Ii forgot to mention, my home has been on the market for the past yr I have it for sale now a SHORT SALE as a matter of fact and it is 9K less than I owe, I had a family look at it on Feburary 27th but I haven't heard anything yet. The house belongs to my boyfriends father and he doesn't care fot it any longer he plans to move back to Mexico here in the next month. I live in the home with 2 kids and due for my 3rd in 1 month so I can not afford the mortage.
We are thinking of "walking away" from our home. What is the process for Foreclosure in the State of Florida? My wife and I own our home here in Tampa, Fl. but times are tough. We originally bought our home 2 years ago and have a 30 year fixed rate mortgage. The lender we used at the time knew we didn't really have the income to be able to pay the mortgage, but approved us anyway. We love our home, but the payment is way too much for us and other bills are piling up. We have heard different opinions from family and friends Some say to just "walk away" from the house and let the Mortgage company foreclose on us. We would rather pay all of our credit card debt down and have extra money every month, than worry about paying a huge mortgage payment. What should we do? What is the foreclosure process in Florida? How long can we stay in our home before we're kicked out? How bad will our credit be damaged?
Foreclosure Process in Florida?? ? I had to file bankruptcy due to the loss my home took and the ARM rate I was locked into. After SEVERAL attempts to work something out with my lender it became obvious bankruptcy was my only option to avoid the deficiancy judgement. Bankruptcy is done and over with however I am still in the home. I was FINALLY just served my first set of paperwork for the foreclosure last night. Can someone who has been through this tell me what is next? I don't see a date on the paperwork for the auction of the home and from what I understood I could basically stay in the home until the day of the auction? Thanks for your help.
Foreclosure advice in Florida? I currently have my home up for short sales, it been (2) months. My bank now has me in the foreclosure process. I live in Florida and need to know what other options do I have? I tried the loan modification process but that did not work for me. I cannot afford my home any longer. Any input would be helpful.
How to find foreclosure info if in process? How to find foreclosure info on a property, if it is under process. I am a tenant at a property and received a letter from attorneys office saying the foreclosure date is set on the property i am renting on 01/jan /2011 Is there a way to know the details if there is a foreclosure under process by the bank. I don't want to ask the owner of the property, they always mislead me. I am in broward county ( florida) Thank you very much for the helpful info.
Is it illegal for a landlord to collect rent money during a foreclosure process? I live in Florida and am currently a tenant in an apartment complex. I've been renting there for 3 years. In January 2010, I was served with foreclosure papers which stated that the property is in foreclosure and that my landlord had 20 days to respond. He hasn't paid the mortgage since June of 2009. Now, he is asking for this month's rent. Is this illegal? Do I have to pay him rent while the property is being foreclosed on? Why should I pay him if HE isn't paying?
How long does the foreclosure process typically take? My pool service man has come upon hard times. He told me that he hasn't paid his mortgage payment in about 8 months. He's been through 2 revisions to his original mortgage agreement but still can no longer afford to pay the bills. He went bankrupt 2 years ago and reaffirmed on the mortgage. The house is in Florida. Chase mortgage is in a holding pattern on foreclosures presently but temporarily. Once the mortgage company decides to foreclose how long can he expect to remain in the house?
Lis Pending in Florida Foreclosure? Hello, Does anybody know the process of Lis Pending in the state of Florida? How long does the foreclosure take and can the person being foreclosed on still stay in the property until the final outcome of the foreclosure and if so, if they catch up on their late payments are they still allowed to keep the property and the lis pending be stopped? Thanks!
Why was I never served foreclosure papers? (Florida)? Our family filed for bankruptcy in August 2009. We included our townhouse in the bankruptcy as we no longer had the money to maintain it. The bankruptcy finished March 2010, and the foreclosure started after that. Our lawyer said they would serve us papers toward the end of 2010 and we would have around 90 days after that to find a place and move out. We received a couple notices in the mail for various court dates throughout the bankruptcy and foreclosure process, but our lawyer advised us to ignore them and wait to be served in the coming months. Just after September 2010 we got a notice in the mail that the house was to be put up for public auction in late October. We asked our lawyer and he said, "You must have been served. You have to be out before that date." We are absolutely positive we did not receive any papers or certified letters indicating this. We have a place and have started moving already, but I still don't understand why we were never formally served or even notified except for these standard letters. All our court notices are in a pile and none tell us a definitive date or auction date until that last one. Will they serve us after the auction is over? What happens if the house does not sell? Will we be notified at all of the property? Is there anyone we can contact about this situation? I should probably also add that our lawyer was a bankruptcy specific lawyer. While we did decided to include our house in the bankruptcy, he was not handling the foreclosure process of it. He said to call with any questions, and he's always explained it to us. But he was technically done with us after we finished our bankruptcy in March. All I wanted to know was is whether it's common to not receive your foreclosure papers and if I will be notified of the outcome of this property. I was under the assumption before and after talking to the lawyer that we'd be served by a police officer, move out time varying of course.
Aprx how long do I have to stay in home during foreclosure in Florida at this time? Our lender, (Wells Fargo) will not accept what we can pay at this bad economic time, so our home is up for a short sale and they have just begun the foreclosure process. I have been told by many that it probably won't sell right now in our area of North Port, FL. I am wondering how long the whole process will take to forclose. (we just got our first notice, 20 days to respond). I've even been told by the process server that most are taking almost a year, He said to stay as long as we can as foreclosures are taking 6 months to a year. Does anyone know about how long we have until we must move out and How much notice will we have to vacate if the full forclosure goes through without a sale of the home?
I live in Florida and the bank just filed for foreclosure. How long do I have to vacate my home? I received the papers 2 weeks ago that our bank is foreclosing on our home. I have not received any additional information, but we are not fighting the foreclosure. The truth is we can not afford our home due to my husband's job loss. How long do we have before we are evicted, and what is the notification process for this eviction? Can they just show up unannounced and throw us out? I am clueless. Thank you.
Foreclosure process? I stop paying my mortgage in June, and I have to intention of keeping my house, I was wondering if I am going to receive a letter from the attorney to evacuate my house? I live in florida and can't find anything online that shows the foreclosure process, I would like to know if I am going to get notify or if someone going to come to my house for eviction from one day to another?? please help :-)
In the Foreclosure Process? state : Florida Loan 80/20 Primary residence :: 4 months behind I am in the foreclosure process now. I haven't made a payment in 4 months and I am upsidedown on my mortgage ($100000). I have spoke with a lawyer and he said that I should file chapter 7 bk to avoid a def. Judgement or tax implications. I would like to do that as a last resort because I am a photographer and I have a lot of assets. My question is, is there any other options here in the sunshine state? I was thinking about the 1099-c. If I got them from both loans could and would I qualify for the morgage relief forgivness act? I have looked at the IRS and I'm not sure if both my loans would qualify? (mainly the heloc 20%) it is my primary residence and I bought the house with the same two loans and I didn't refinace? Also is there anway to make sure I get a 1099 on both if this is a way out (to avoid bk?) and what type of lawyer would you suggest I contact? Thanks so much!
Do I have to pay rent if the property I'm leasing is listed as a short sale & is in the foreclosure process? I live in Florida. I've been paying rent for over two years and I have an unstructured lease agreement. The lease basically states that I have been offered the property from x month and year to x month and year for x amount of money. I discovered that my landlord stopped paying rent when an inspector and locksmith came to change my locks. They said the bank sent them. I work from home so I stopped them from doing so. My condo is now listed as a short sale with a realtor and it is in the foreclosure process. The landlord stopped paying his mortgage back in January 09. Do I have to continue paying my rent as agreed?
Foreclosure Process? I live in Florida and my primary residence in about to go to foreclosure. My wife is on the Deed, but not on the note. When I took the mortgage, she signed that she allow to take 2nd mortgage on our house, but never signed the mortgage. Will it affect her (credit or any other way)?
Can anyone tell me the how the foreclosure process goes? I live in Florida. I dont want to even explain why I am in foreclosure because it is just a mess. We were taken advantage of by the bank, and basically they changed our loan without permission...with a fixed rate. I am done with the stress, and just want out as soon as possible Im having a baby, and cant handle dealing with this when Im supposed to be happy. My husband is military as well, so we just should have never bought a place in the first place..i feel like an idiot. im two months behind...
How long will it take for my home to be foreclosed on in Florida? I recieved a letter from my mortgage company stating that my loan has been referred to their attorney who will proceed with foreclosure. How long does this process take? I've heard that it can take up to a year to get through the courts here in Florida due to a large amount of foreclosure cases. How long do I have before they take back my home? My home is located in Bay county which is in northwest Florida.
how quickly does the foreclosure sheriff show up when your home has been foreclosed in Florida? Just like asked above, all court processes have been dealt with. Does the Foreclosure sheriff show up unexpectedly or does he leave a note detailing impending eviction? I am currently very stressed out over this and need to move everything out to another home fast and don't know what or how to do this. I am living in Florida, so I would like to know how this process works in Florida. Thank You for any speedy help. I heard they leave a notice. Do they just simply kick you out? When I say foreclosure sheriff, I am not indicating that he is a different sheriff, that is irrelevant, I am just asking about how he or she will show up to kick me out.
Family facing foreclosure on our property? We have a family house in Florida; soon we will face foreclosure because we are not able to pay the mortgage anymore. Please tell us, if we retain competent counsel to defend them, we can remain in our house anywhere from a year to two and a half years after the start of the process. Without retaining counsel, it will go much faster than that. Does anyone know HOW MUCH FASTER precisely? Thank you!
What are my rights as a tenant during writ of possession process? I'm currently Florida resident renting a house under a one year lease. My landlord didn't notify me this home was under foreclosure and is now in writ of possession process. I called the firm who is handling this process and was told several letters were sent out to notify us. Unfortunately we didn't received any since the landlord receives the mail. What are my rights? Can I be evicted without notice? Please can anyone help, thanks.
What happens if my house forecloses? I live in Florida and my house is in foreclosure process. If the bank takes back my house and they sell it in an auction for less, am I responsible for the balance of the loan?
In this economy, how long should I expect foreclosure to take? We live in south florida and the place we are renting is in the process of being foreclosed. About 8 months ago we were served papers stating that foreclosure was being filed for. We want to stay here as long as possible, but need to move before we get evicted. How much more time might we have?
What does this article mean please sumamrize for me (U.S. Homes Lost to Foreclosure Up 25 Percent)? U.S. Homes Lost to Foreclosure Up 25 Percent LOS ANGELES -- Lenders took back more homes in August than in any month since the start of the U.S. mortgage crisis. The increase in home repossessions came even as the number of properties entering the foreclosure process slowed for the seventh month in a row, foreclosure listing firm RealtyTrac Inc. said Thursday. In all, banks repossessed 95,364 properties last month, up 3 percent from July and an increase of 25 percent from August 2009, RealtyTrac said. August makes the ninth month in a row that the pace of homes lost to foreclosure has increased on an annual basis. The previous high was in May. Banks have been stepping up repossessions to clear out their backlog of bad loans with an eye on eventually placing the foreclosed properties on the market, but they can't afford to simply dump the properties on the market. Concerns are growing that the housing market recovery could stumble amid stubbornly high unemployment, a sluggish economy and faltering consumer confidence. U.S. home sales have collapsed since federal homebuyer tax credits expired in April. That's one reason fewer than one-third of homes repossessed by lenders are on the market, said Rick Sharga, a senior vice president at RealtyTrac. "These (properties) are going to come to market, but very slowly because nobody wants to overwhelm a soft buyer's market with too much distressed inventory for fear of what it would do for house prices," he said. As a result, lenders are putting off initiating the foreclosure process on homeowners who have missed payments, letting borrowers stay in their homes longer. The number of properties receiving an initial default notice -- the first step in the foreclosure process -- slipped 1 percent last month from July, but was down 30 percent versus August last year, RealtyTrac said. Initial defaults have fallen on an annual basis the past seven months. They peaked in April 2009. Still, the number of homes scheduled to be sold at auction for the first time increased 9 percent from July and rose 2 percent from August last year. If they don't sell at auction, these homes typically end up going back to the lender. More than 2.3 million homes have been repossessed by lenders since the recession began in December 2007, according to RealtyTrac. The firm estimates more than 1 million American households are likely to lose their homes to foreclosure this year. In all, 338,836 properties received a foreclosure-related warning in August, up 4 percent from July, but down 5 percent from the same month last year, RealtyTrac said. That translates to one in 381 U.S. homes. The firm tracks notices for defaults, scheduled home auctions and home repossessions -- warnings that can lead up to a home eventually being lost to foreclosure. Among states, Nevada posted the highest foreclosure rate last month, with one in every 84 households receiving a foreclosure notice. That's 4.5 times the national average. Rounding out the top 10 states with the highest foreclosure rate in August were: Florida, Arizona, California, Idaho, Utah, Georgia, Michigan, Illinois and Hawaii. Economic woes, such as unemployment or reduced income, are now the main catalysts for foreclosures. Lenders are offering a variety of programs to help homeowners modify their loans, but their success rates vary. Hundreds of thousands of homeowners can't qualify or fall back into default. The Obama administration has rolled out numerous attempts to tackle the foreclosure crisis but has made only a small dent in the problem. Nearly half of the 1.3 million homeowners who enrolled in the Obama administration's flagship mortgage-relief program have fallen out. The program, known as Making Home Affordable, has provided permanent help to about 422,000 homeowners since March 2009. Regardless, many troubled borrowers have seen their efforts to get a loan modification stymied. Larry Book of Winter Garden, Fla., was one packet away from a permanent loan modification from Chase under the Obama administration's foreclosure prevention plan after more than a year of back and forth and one failed attempt. But his modification never went through. Instead, his loan was transferred from Chase to IBM Lender Business Process Servicers in July and he was told he owed $9,562.62 and must bring his mortgage current by Sept. 15 or foreclosure proceedings will begin. "It just becomes too exhausting," Book said about the modification process. "That's why some people walk away. But I've invested too much and given up too much to just let it go." I have to summarize the article for a current events assignment. I dont know what to summarize
help...My home is going into foreclosure? how can i stop it ? I'm a few month behinds on payment and i need to reduce the monthly payments too.. please help i unsure how far into the foreclosure process I'm in ... i fear i my lose my home...in live in the state of Florida in the south Florida area Plz help... No scams or fraud real help
In Florida who do you contact if yo want to request a new law or bill passed protecting renters ? With every thing that is going on with the housing market renters are being forced out on the street with no rights.Its not fair to the renters that pay there rent every month and work hard to give there families a safe place to live.A rental lease in florida is landlord friendly not tenant friendly.After the foreclosure process begins a renter must continue to pay rent up until the day the bank says get out and if there is still time left in your lease you have to take the owner to court to receive any damages"good luck" you have a snowballs chance in hell of getting a dime. and if the tenant leaves Early he or she breaks the lease and is liable for the remainder of the lease agreement and it will show up on your credit as a broken lease and money owed good rental history basically down the drain and for what? trying to secure a safe place for you and your kids to live!!!!
Foreclosure question, do I need attorney? My house is in process of foreclosure and when I stopped paying the house I stopped paying the association as well, it has been a year now. After a year the association sues me. Do I need to contact an attorney? or just try to work out a deal directly with the association? aldo for what is left in the foreclosure process do I need an attorney? I believe i don't need it but they say that after the foreclosure they still can come after me. I live in florida and I feel that thelawyer is just trying to sell me his services that I don't really need
renters in foreclosure? I moved in march 1 2010, on march 15 a process server came to my door named me as Jane Doe in a foreclosure process to the owner of the house i live in Orlando, Florida. I have contact the property management company that i rented the house and they said that i don't have to worry as this can take 1.5 years to be solved and i don't have to move out. But in case i do have to move out who is going to cover the amount i spent on moving from another state? Do i HAVE to move out or not? and to who i have to pay the rent, do i keep paying to the managment company or the bank?
Florida Forclosure advice? I live in Florida, and have come to the decision to Forclose my house. The value has gone down $100,000 plus my neighborhood from all the foreclosures has gone downhill. My question is for those of you that have been through the foreclosure process how long does it usually take for the process to complete? I'm only asking this so I know when I should stop paying my mortgage & have a plan on what I'm going to do cause I don't plan to move until next summer. I spoke with a lawyer and she said that it usually takes a year, rarely does it take 6 months. Does anyone have any expereience or advice about this? my credit is already trashed. i filed chapter 13, and now have to follow chapter 7 to foreclose. my husbands credit is fine cause the house is in my name. So we'll be able to buy under his name
Landlord in beginnings of foreclosure. Can I be evicted for non-payment? I live in Florida. I have been living in the house for over 3 years and have paid on time each and every month. We have been excellent tenants even though my landlord hasn't been so great when it came to honoring his end (i.e., taking care of maintenance such as plumbing and roof things that are in fact his responsibility) We received a summons that the landlord is in foreclosure back in April and he hasn't been paying the mortgage since December 2009. We received what is called a Lis Pendens which according to an attorney my husband and I spoke with, is just the beginning of the foreclosure process. What my question is is that I don't feel I should continue to pay rent since he isn't paying the mortgage and we very well may have to look for another place to live which I do NOT want to do. I have tried to ask if he is taking care of the situation and only the NAME of the attorney who is representing him in this foreclosure case and they, already being hot tempered people, got very angry and said that what we were asking was "very personal" which I feel is ridiculous since I made it clear I wasn't asking for details of the case or what he speaks about w/ his attorney, just wanted to know that someone was representing because that would show some interest in wanting to save the home from being foreclosed on. We asked if he would meet with us briefly just to discuss the situation, but he refused "saying that we should trust him and that he doesn't have time for this or our stupid questions". He does have several properties and I would imagine he must have someone he deals with concerning legal matters, but he won't tell me who is handling this particular situation. He is also going through a divorce and claims that his wife wants the property even though it's not worth anything and wants to sell it which doesn't sound right to me in this market. She has to be aware of how the market currently is. He claims he's going through an ugly divorce and that she wants "whatever she can get." I also know that THEIR home is in both of their names and he also claims that she wants the house that they shared, but when I drove by their house there is a for sale sign. If she wants the home and both of their names are on the home can he sell it? Unless he is lying about that as well and they both have agreed to sell the house. I am so confused. I do see a red flag, but since he's been hot tempered since the beginning I don't know if it's the fact that he is lying or just honestly feels he doesn't need to give us this information. I did check what is called the docket sheet on my county's clerk and comptroller's website in the records search. We were served the summons on April 29, 2010 and to date there is no one representing him on this case or at least it hasn't been entered into the system yet, I don't know. When we last spoke with him to discuss whether or not to give him this month's rent, June, he got upset and just said get out in 30 days. Can he do this? I just want to know my rights. I have a couple of 50 lb dogs and where I live it's difficult to find a place where they will accept my dogs. I don't know if 30 days is enough, but what bugs me is that I DON'T want to move I just want to find out the truth. If he is honestly going to try and save the home then I will wait it out. If not, I want to know. If I do have to leave I at least want some time to save money to move out. I don't want him to just pocket my money while I and my family lose out. No way is he going to do that to us. Sorry to ramble so much, but I just though writing all the facts down might help someone give me some advice. I NEVER asked for any personal information about his mortgage situation. All I asked for and this was the attorney's advice was just to ask if someone was representing him in the case. If there was that would show that he did in fact have interest in saving the home otherwise he wouldn't bother at all. That's information you can easily get on the docket sheet and so far no one is so it's apparent he's letting the house go. I do have an appointment to get some legal aid that will be more in depth. I didn't think that I would be able to stay here rent free but I had heard that a reduced rent was possible, but he's just not open to any discussion at all. Please everyone understand that I NEVER EVER asked for his personal information regarding his mortgage payment or his divorce I am an adult and DO understand that is none of my business. For the person who said it's my fault that I have big dogs, are you serious? You must be joking lol. I think I know that it's my problem.
foreclosure and tenant rights? Hi, my name is JV. To put more fun to my live besides my car issues now have a new one. I live in Florida and i'm a tenant on a residential property and i have been paying my rent every month. 2 weeks ago a received a bunch of papers stating that the property was in a foreclosure process. I called them and they stated they are trying on a short sale issue but are still asking for their monthly rent. If they are not paying their mortgage, why do i have to pay them? Can i just stop paying them until a get a safe place to live? What are my rights on this whole issue? I'm confused
How long does foreclosure take? I live in Florida, have a 30 year mortgage, have been trying to sell but no one is looking. I haven't paid the mortgage since Jan. '08, just got served with a summons saying that my lender has started the foreclosure process. I really dont have the funds to get a lawyer to file bankruptcy and have other debts as well, such as credit cards, overdue HOA fees. How long will the whole process take? I've heard that it depends on the state I'm in...just want to get an idea of how long it'll take to actually get evicted.
My husband and I are motel managers in Florida, what is the eviction process? We were hired a year ago the property went into foreclosure and the Receiver kept us on all this time, in Jan they said the bank did not want to fund the property and we would not be getting paid anymore. They came back in Feb and said what is your schedule like for moving out? We said we dont have one seeing how you never said we had to. We have not heard anything since Feb 19, now we have received eviction papers May 15th. My husband and I have not gotten our cash pay since Feb 13, but we have kept the property secure and my husband has kept up the maintenance. Can anyone help or have answers? We feel like we should be given more time to try and find employment or given money to move out..I can't find any info on evictions for Residential Managers nor do we have the money for an attorney..
Housing Foreclosures In florida? Just to know some information about other people foreclosing or people that have foreclosed. I did Chapter 13 Foreclosure about 7 months ago to try and get out of debt, and readjust my mortgage but my house has lost so much value and has no equity that we're getting no where, so we've decided this month to file Chapter 7 and just foreclose our house. We've lived here for 4 yrs, bought our house right before the market crashed, <darn> and now our house is worth $100,000 less then when we bought it, and our neighborhood is going down hill. I'm with Bank of America mortgage, and just curious how long it took before anyone else's foreclosure was finalized? I've read it could take 6months-a year, my attorney said it will most likely take a year because there are so many foreclosures being processed the banks are very behind. Anyone have any feedback to give me on their foreclosure and how long it took for it to be compelete?
how to deal with foreclosure? my family are in the process of going into foreclosure is there any way we can stop it we live in florida. what are the sign that were going to be evicted, becaused last week thursday the bank send someone to change the locks but he didn't becaused we were still in the home.
Rental property in Foreclosure? I recently signed a lease in July for a rental home in Tampa Florida. I came home to a note for my landlord from a Independent Property Inspector for a well known home mortgage bank. I was able to research public records and find a notice of foresclosure dated March 12th 2010. My question is how far along in the process is the foreclosure?
Foreclosure questions? I live in Florida and I just received a summons from my mortgage company and it says I have 20 days to respond. Does anyone know the process of foreclosure and can I still save my house with a loan modification? My bank isn't open today and I have so many questions if anyone know anything about the law here in Florida or the time I have I would really appreciate the feedback. Also I heard something about filing for bankruptcy would help???
IAM RENTING AND THE HOUSE IS GOING ON FORECLOSURE.WHAT TYPE OF RIGHTS DO I HAVE AS A TENANT? ABOUT 3 MONTHS AGO I RENTED A HOUSE IN FLORIDA,JUST FOUND OUT THAT THE HOUSE IS GOING ON FORECLOSURE.THEY(BANK) HAVE A LAWSUIT AGANIST THE OWNERS.WHAT SHOULD I DO? THERES PEOPLE THAT TELLS ME "DONT PAY HER PUT THE MONEY ON A "ESCROW ACCOUNT"CAN I DO THAT?I HAVE A SPECIAL KID AND I CANT AFFORD MOVE AGAIN RIGHT NOW PLUS I DONT KNOW IF SHES GONNA GIVE ME MY DEPOSIT.ALSO I HEARD ABOUT "CASH FOR KEYS".THAT SOMETHING YOU ASK THE BANK THAT TAKES POSSESION OF THE HOUSE TO MAKE A DEAL WITH YOU AND HELP YOU OUT TO MOVE GIVING YOU SOME MONEY.HOW CAN I CONTACT THE BANK IF I DONT HAVE THE PHONE NUMBER ONLY THE NAME OF THE BANK.HOW I SEARCH FOR IT?WHEN I RECEIVE THOSE PAPERS AT MY HOUSE THAT MEANS SHES DEFINETELY GOING ON FORECLOSURE OR THE PROCESS IS JUST STARTING?PLEASE HELP!
What is a notice of appearance in a foreclosure case? The house I am renting was put into foreclosure two months after I moved in. I am in the state of Florida and the owner says he is going to be fighting the foreclosure and the process will take more than a year. I am keeping up with the case via the court clerk's office on the web. The most recent docket entry was a "Notice of Appearance" for the defendants attorney on May 7. The lis pendens was served on April 13 with a 20 notice to respond. I want to make sure he is following through on his promise to fight the foreclosure so I dont get tossed out of my house on short notice.
was my foreclosure dismissed by the courts? ok, i was in the process of forecure, and its been almost a year since i first was served with papers indicating my morgage company was going to begin the process of foreclsure. today i got a notice in the mail from the state saying this: "This cause, upon the courts own motion, pursuant to florida rules of engagment of civil procedure 1.070(I), it appearing that service has not been obtain upon the defendent(s) in the following causes within a 120 days after filing the initial pleading and the plaintiff having been noticed that the cause of action would be dismissed on february, 02, 2009, and further has made no showing of cause as to why service was not made within that time, it is therfore: ordered and ajudged that the cases, as indicated on the attached listing, are hereby dismissed without prejudice pursuant to the rule 1.070(I) of the florida rules of civil procedure. and then it listed my name and morgage company and case number thats all it said, does this mean my foreclosure was dismissed by the courts?
Renting-Foreclosure Filed Against Owner Need Help? My husband and I signed a year lease (Florida) back at the end of October 2008 for this condo unit. Gave first and security to move in. Last Monday a Process Server was banging on our door at the ungodly hour of 7:50 a.m. and gave my husband two copies (one for both of us) of the Foreclosure filing that was done on 1/14/09. After reading the papers, it has become evident that this owner has not paid his mortgage payments since the summer obviously two months or so before entering into a lease agreement with us knowing full well he was not current on his mortgage payments. My husband contacted the owner and he's giving us a sob story. Sorry but I cannot feel sympathy for someone who blatantly entered into a legal agreement knowing full well of his current financial situation! My husband refinanced one of his 401K loans just to get into this place and this has put his in a bad way. February 1st is coming around and we understand there is still a legal bound lease in effect or I "think" and it's painful to imagine we still have to turn over money to this guy and lord knows what he's spending it on. We have no money to seek out a lawyer at this point we'll need whatever we have to move with and it ain't much. Has anyone gone through this in Florida and what kind of timeline are we thinking about before we are forced out of our unit? I know the owner has 20 days to respond but is that from the filing or serving date and then what follows? Thank you!
Foreclosure, I want to buy a foreclosed house...? Hi, My boyfriend is wanting to buy a house that is in foreclosure since November. I was just wanting to know what steps to take as far as buying the house. It's in a nice location, not te greatest though, the houses around it aren't bad, but they aren't amazing either. On the website we found it on, it's listed at $20,928. We went to see the house and it's a mess, garbage and trash everywhere, fallen tree damage, broken windows, ect. We are wanting to know how long this process will take to be able to buy the house, if it will go up for auction or not, what we need to do to try and get the house, and whatnot. My boyfriend is getting a credit card in a week so he can start up his credit score, he has had a job since August and it's a stable job. We live in Florida, so please someone, how do I get this house?!
I received a foreclosure notice on the first day of my lease am I still obligated to fulfill the terms? We are in the state of Florida. We signed our lease 35 days before it went into effect. On the very first day of the lease April 1st, we received a foreclosure summons, with our names on it, as we were moving in. We are not comfortable staying in a home that might or might not be foreclosed on. We have 2 children and our landlord knew this, he also knew we were looking for long term and we discussed renewing the lease yearly up to 5 years. When approached he said he is in the process of refinancing and was told not to pay until the refinance was done. We have stayed for 6 months and the status has not changed. I contacted the court and they are waiting on the Judge to set the hearing. What are our obligations? Do I have to stay the remainder of this lease? Isn't this fraud? They new they were in foreclosure. Just to clear the air we are not looking for free rent. I would not do that. But after the conversation we had with the land lord over dinner before we signed the lease, they should have told us. I would have never signed had I know all the information.
Tenants rights when home in foreclosure? We are renting a home in Florida and we just found out the home is in forclosure. The mortage has not been paid since December 2007 and we have paid our rent in full every month. I know that foreclosure can take time, and we have a reasonable period in which to find another place to live, but is there anything we need to do to protect ourselves? A process server delivered the documents to us last night and said we have 20 days to respond. I have no idea what we are responding to. Any help would be greatly appreciated.!! The papers are copies of the foreclosure documents that have been delivered to the owners. She said that legally, as tenants of the house we had to be informed that the house was in foreclosure.
How can I negotiate how my mortgage lender reports a deed-in-leiu of foreclosure to the credit bureaus? Home in Florida had been on the market 18 months with no offers and little interest when divorce and job requirements required move out-of-state. Mortgage company was contacted with request for deed-in-leiu of foreclosure on 3/14/08. Calls to mortgage company from then until 4/30/08 resulted in their saying request was "in process". When I requested a supervisor 4/30/08, they admitted they had not processed the request because they were "confused" about a previous short sale request which did not go through. (Of course, they made no contact to me to clarify their "confusion"). Finally, negotiater assigned 5/7/08, and requrest approved 7/21/08. I'd like now to try to negotiate how the lender reports the deed-in-leiu on my credit report. Any suggestions on how to go about this?
How can I sue someone living outside the U.S. that bought my business in Florida? I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me? Sincerely, Mary A. Marypalmcity@aol.com Thank you everyone for answering my question! I have made progress since my last posting and learned that the person living in France used a Florida address for contact. This means I can file against them in Florida... if they don't create an international issue. In any event, I CAN'T AFFORD AN ATTORNEY. the debtors took my business (I sold them and three years of income valued @ nearly 200K.) I had plans to open another business, however, I'm living off my savings to support my family. This month I'm done and will lose everything. My American dream was stolen by someone aboard who used our legal system to bury me with the cost and time to take back what is mine. My next step is to file a judgment. But I need an attorney... don't have the money, so I'm going to do this myself. Anyone with templets or example forms to file for judgment would help a great deal. I don't need a 'judgment lien form'... I think I need to file papers with the court to ask for a judgment. Florida Law.
How can I sue someone living outside the U.S. that bought a business from me in Florida? I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me? Sincerely, Mary A. Marypalmcity@aol.com Thank you everyone for answering my question! I have made progress since my last posting and learned that the person living in France used a Florida address for contact. This means I can file against them in Florida... if they don't create an international issue. In any event, I CAN'T AFFORD AN ATTORNEY. the debtors took my business (I sold them and three years of income valued @ nearly 200K.) I had plans to open another business, however, I'm living off my savings to support my family. This month I'm done and will lose everything. My American dream was stolen by someone aboard who used our legal system to bury me with the cost and time to take back what is mine. My next step is to file a judgment. But I need an attorney... don't have the money, so I'm going to do this myself. Anyone with templets or example forms to file for judgment would help a great deal. I don't need a 'judgment lien form'... I think I need to file papers with the court to ask for a judgment. Florida Law.
Should Obama be worried that foreclosures during April are UP 32% from last year? Seems like this whole house of cards is coming down soon enough. http://finance.yahoo.com/news/RealtyTrac-April-foreclosures-apf-15225719.html The number of U.S. households faced with losing their homes to foreclosure jumped 32 percent in April compared with the same month last year, with Nevada, Florida and California showing the highest rates, according to data released Wednesday. Ohio was in the top 10............"We've never seen two consecutive months like this," said Rick Sharga, RealtyTrac's senior vice president for marketing. "It's the volume that's surprising." While total foreclosure activity was up, the number of repossessions by banks was down on a monthly and annual basis to their lowest level since March of last year, RealtyTrac said. But that's far from positive news. Because much of the foreclosure activity in April was in the default and auction stages -- the first parts of the foreclosure process -- it's likely that repossessions will increase in coming months, RealtyTrac said. alarmist...........I didn't forget. alarmist........also, are you implying these numbers are somehow positive??
Will an insurance company insure our home if there is a unpermitted cottage? I'm in the process of buying a foreclosure home (Florida,USA, can't transfer the insurance since it has already lapsed) that has a detached unpermitted cottage (2 bedrooms, kitchen, bathroom and living room total of 900 sq ft), the main home also has a unpermitted converted garage that is used as a in law quarter (separate entrance and full bathroom), it also has a unpermitted sun room too. I really love the home and tried looking for home insurance but it looks like no one will insure me. Is there anyway I can get insured for this property without having to lie about these unpermitted additions to the insurance company? Any advice would be appreciated and any suggestions which insurance company would insure me for a reasonable price. Thank you in advance.
will someone sumarize this for me? One of eight U.S. households with a mortgage ended the first quarter late on loan payments or in the foreclosure process in a crisis that will persist for at least another year until unemployment peaks, the Mortgage Bankers Association said on Thursday. U.S. unemployment in April reached its highest rate in more than a quarter century and is still rising, helping propel mortgage delinquencies and foreclosures to record highs. Such economic weakness drove up foreclosures of prime fixed-rate loans, which are made to the most creditworthy borrowers. The foreclosure rate on those loans doubled in the last year and represented the largest share of new foreclosures in the first three months of this year. "We clearly haven't hit the top yet in terms of delinquencies or the bottom of the housing market," Jay Brinkmann, the association's chief economist, said in an interview. The pace of defaulting mortgages jumped despite various moratoriums and government steps to cut home loan rates. Rates on 30-year mortgages averaged 5.00 percent in March, 5.13 percent in February and 5.05 percent in January, according to home funding company Freddie Mac. A year earlier, the average monthly rates were bumping up closer to 6 percent. "The housing market depends on the employment situation," Brinkmann said, "and we don't expect unemployment to bottom out until the middle of next year, so then normally housing would not recover until after employment recovers." A record 12.07 percent of loans on one-to-four unit residences were at least one payment late or in the foreclosure process, on a non-seasonally adjusted basis. Prime fixed-rate loans comprise 65 percent of the $9.9 trillion in outstanding first mortgages, according to the industry group. Foreclosure actions were started on an all-time high 1.37 percent of first mortgages in the quarter, a record increase from 1.08 percent the prior quarter. "It's an important reminder that just because the housing market was one of the causes of recession ... it won't be the first sector of the economy to return to normal," said Jed Kolko, associate director of research at the Public Policy Institute of California in San Francisco. Federal mortgage modification and refinance programs will keep delinquencies and foreclosures from spiking even more than they would otherwise, housing analysts said. "Even if the recession officially ended soon, in the sense of GDP turning positive again, the continued rising unemployment rate and the re-set of existing adjustable-rate mortgages would continue to aggravate both foreclosures and delinquencies," Kolko said. The share of loans in the foreclosure process rose to a record 3.85 percent from 3.30 percent in the fourth quarter and 2.47 percent a year earlier. California, Florida, Arizona and Nevada accounted for nearly half of the new foreclosure activity in the quarter and half of the increase in prime fixed-rate foreclosure starts. Those severely hit states, the biggest winners in the five-year housing boom earlier this decade, continue to worsen as recession overtakes problems spawned by lax lending standards. "Every job loss, every divorce, every incident like that is going to be turning into a foreclosure because they are so far under water with the homes already," Brinkmann said. When a house is "under water," its price has fallen below the size of the mortgage. Average U.S. home prices swooned more than 32 percent in March from the 2006 peak, according to Standard & Poor's/Case-Shiller indexes. Foreclosures mounted in the first quarter even though various temporary moratoriums were in place to delay the failure of distressed loans. The freezes artificially tempered new foreclosures before federal loan modification programs took root. But loans that had already been modified often re-defaulted in the quarter, Brinkmann said. Foreclosure actions also were taken on vacant homes, which make up as much as 40 percent of the properties with failing mortgages, he added. Some loan servicers also began the foreclosure process on borrowers who clearly did not qualify under the various mortgage fixes, he said. On a non-seasonally adjusted basis, the delinquency rate dipped to 8.22 percent from 8.63 percent. The bankers' group noted that the late payment rate always declines in the first quarter due to seasonal factors and said that after such adjustments, the rate jumped to a record 9.12 percent.
Filing bankruptcy & process/procedures...? my husband needs to file bankruptcy due to a foreclosure (house fire & insur co's did nothing). I am trying to find out if this is going to affect me. I finally got my credit on a good path. I am worried about how this is going to play out. I am not listed on the house nor am I listed on the other items that he is rolling into the bankruptcy. Also, do they really take our things? We don't have anything up and above a furnished home in excess. Can anyone shed some light on this? We are in Florida. Thanks
What chances are of wining at the court for eviction here in Osceola county in Florida? I have a tenant that hasn't paid the rent from DEC 1st, on DEC 17 I filed eviction went trough the whole process, the bad thing is that after the sheriff serve her the eviction she had 5 days to respond which was due today, she answered the respond to the court saying that, she has lots of money problems, that I took the appliances for used appliances which was agreed on the lease, that the fisrt page of the lease is not the one she signed (another lie) that i has listed the house for sale (which it wasn't true) that I am in a pre-foreclosure (which I am getting a loan modification, I won't get my house to loose) Could she actually win at the court??? how much longer..??? and besides she is filling section 8 in NY to get it transfer FL when she is living in my house and she is pretending to the sec 8 she is living in Bronx?? and she gave me on December a check with the account being closed and she is living with a guy that paid in three installments November's rent, from his savigs and still getting sect. 8??? and trying to live in my house without paying a penny and laughing ?? what kind of people is that...???
order of default foreclosed home? We recently were tenants on a house that was in the process of foreclosure. Since we were served from the sheriff we contacted the owner and have since left the property BEFORE the foreclosure. I just received an order of default in the mail and we were listed with the defendant. What does this mean and do we now have to file some type of paperwork? I just want to be done with the owner of that property already. thanks for any help PS I live in the state of Florida
Has anyone here ever end up foreclosing their house? If so, can you answer these questions please.? How badly has this affected your credit. How has this affected your ability to rent or purchase another home. What was the process of foreclosure, meaning did the bank come after you for any money? What are the worse consequences of foreclosing? Is it really as bad as it sounds. My husband and I are thinking of just letting go of our home in Florida because we want to move back up north but the market is so bad and no one is buying. Our home is just too small for my husband, me, our baby (second one on the way) and disabled sister. We miss it up north and badly want to just let the home go and move. I will be picking a "best answer" for the most helpful and detailed answer. Thanks!
Could i report a mortgage broker who took advantage of me because I had good credit? A broker i refinanced with and knew my credit history, approached me on investing in homes in Florida. I would be the silent partner and he would be the one who deals with anything that had to do with the homes. Make the long story short, 2 homes were closed on, 1 tenant sent him the rent directly,the other walked out because the "broker took his money, and kept asking for more" , he never paid the mortgages with it and it is now month 6 with no payments on both homes. They are in the process of foreclosure. Do i have any leg to stand on by reporting his scam as a white collar crime to the FBI? I was the only signer on the homes.
Husband foreclosing on his house and I'm buying a new one.? My husband bought a home before we got married. I am not on the loan or the deed. He is currently behind on payments and is thinking of letting it go into foreclosure. I am in the process of buying a house with my parents and have already been pre-approved, just waiting for my offer to get accepted. My concern is that when I try to get the loan, his foreclosure will somehow be linked to my name because we are married and live together. The broker said she has never seen this to be a problem but I am concerned because i am his spouse and we do file taxes together with that house's address. We live in Florida so I am not sure what the laws are here for that. Yea but someone said something about Florida being dower state and then they can attach a default judgment to the new property when we move in as a married couple??!?! The only deadbeat around here is you Master, with nothing better to do than to go around insuting people and wishin them death! Now thats ethical! Before you go assuming the worse in people you dont even know try to get the facts first. Unless you want to pay for the house he has now which we can't afford and have to find a smaller, cheaper place to share with my parents (who i guess by the way my mother is suffering from her own illness bc of my "lack of ethics"), then hold your comments!
I signed a year lease beginning in March '09 and landlord is selling property via short sale. What should I do? I found out from the first broker here in Florida handling the property that owner hasn't paid mortgage since Oct. 08, among many other shady things. The manager (friend of owner) of the property is who introduced us to the property/signed/witnessed the lease. Since moving in we loved the place however we never received a gate code nor did we receive pool passes and were given excuses. Come to find out the HOA, according to the broker, is suing him for back payments…the owner claims to have less than $50 in bank account in the notes obtained by the broker from the lender???And the owner is back and forth out of the country and the manager up and left on contract work in another state. My gf and I are full time professionals/students and do not have the time to simply up and move out on a moment’s notice. The manager contacted me in April, not even 6 weeks after moving in mind you, stating she was out of town and needed me to fax a copy of the lease to the owner b/c he was away and needed it for accounting purposes. They didn't have the balls to tell me then in April that I had in fact faxed the lease to the broker who initially told me all these facts in order to start the selling process. We work and go to school and do not have the time to move until August. We Pre-paid 5 months’ rent upfront and paid a security deposit for the last month’s rent in order to receive a "free" month. Basically I see it as the owner has my money or spent my money, hasn't made a mortgage payment, is in trouble with HOA and is acting as if I should cooperate completely to sell the property...strangers in my house, constantly keeping the place up 100%, making arrangements for our dog to be elsewhere during showings, and not knowing what the future holds. What burns me up the most is that I feel the owner and manager knew their intentions from the beginning and should have said they wish to go on a month to month basis due to the fact that the owner may sell the property at any time...at which point I would have said no thank you and walked away. I signed a year lease, negotiating 5 months’ rent + security deposit upfront with monthly rent payments to begin in August. If the place sells, I don't want to pay for moving expenses...I've only been here 2 months. I don't want to sign another year lease from the date of sale here or elsewhere...it will keep me here longer than expected. I don't want to sign a six month lease elsewhere b/c it cost more monthly. The broker I originally spoke with stated he is unhappy with all the facts that he has in front of him and does not wish to do business with the owner. Broker stated he will only do business with the owner after he has a signed paper stating that I am happy with an agreement b/w the owner and I. The broker then stated the owner signed a contract with the broker’s agency and cannot do anything with the property for a year???(Is that true?) I was just contacted yesterday by another broker from another agency wishing to put a lockbox on my door, take pictures and schedule showing dates...haven't called back yet...don't know what to say. I have contacted and am waiting to hear from an attorney but I don’t think I could afford nor have the time for that and is it really worth it? I would love to have some leverage so when I am ready to leave I can negotiate financially, being compensated for the severe inconvenience/moving expenses and receive our deposit back without thinking this guy would try and take me to court for breaking a lease….OR do I have nothing to worry about in the state of Florida and the new owner HAS to uphold the lease OR if the property goes into foreclosure WILL the bank uphold the lease? I don’t want to start paying this grease ball monthly rent in August if it’s going directly into his pocket and has been a pain since day 1. -Confused and Frustrated
Does anyone have an example of response to summons (for foreclosure lawsuit in Florida)! I recently received a summons for a lawsuit by Countrywide for a condo in Florida. I had this as rental property and tried to get a Deed-in-Lieu from Countrywide, but they denied me after 6 months of 'processing' and filed a lawsuit instead. I have 20 days to respond to the summons. I don't want to keep the property, but I don't want to be stuck with the 200k mortgage or the $100k potential deficiency. Should I respond to the summons? If so, does anyone have an example of one? Thanks!
How much longer can I stay in the house that I am living in that is being foreclosed? I live in Florida. My wife and I signed a lease for March 1 2009 thu Feb 1 2010 for the house we are living in. We gave the owner first, last and security deposit of one months rent. A process server came to our door on April 13 with a notice (lis penden) that a foreclosure action has been taken on the owner of the property. I asked the server how long do I have before the property is foreclosed and I have to find a new place. He told me that the minimum would be 90 days and it usually takes a year or so. The plaintiff listed on the action would not discuss anything with me on the grounds that they could not give legal advice. I need to know both the timeline by statute as well as a realistic timeline given the real estate market so that I know when I will need to find a new place. We really do want to stay in the place but not at the risk of being forced out on short notice or losing our rent money.
SHORT SALE: Offer of $100K submitted but $179K is owed. Anyone ever got 1 approved by Countrywide? This is a CONDO CONVERSION in Central Florida. I've paid over $40K on the property over the last 2.5 yrs. Loan is going to "reset" soon at a much higher int. rate. Also, the condo mgmt co embezzled from us & the area has become crime-ridden. Can no longer make the payments, as now my business has failed. THESE ARE THE ISSUES THAT HAVE LED ME TO THIS POINT. Any opinions on whether or not the short sale will go thru? (Yes I discussed & got prequalified to do a shortsale before I started this process, but the salesprice was never discussed. It was submitted in early June, & we've heard NOTHING......) Also, I'm wondering if I would be better off just letting it go into foreclosure, from a "credit" standpoint? (Won't BOTH look equally as bad on the credit report?) I want to put this behind me & build a new life.........
How to make a profit buying tax liens...? Ok so if I understand the process correctly, I buy a tax lien from a city/county, whatever...after 2 years I have the right to sell the property that is being taxed to recover the tax owed plus interest ( whatever rate I bid for)...the property goes for public auction, gets sold, i get paid... 1. What happens if the owner declares bankruptcy? 2. Does my lien trump all other creditors or do we all get paid in order of who filed a lien first? If someone owes a $500K mortgage and the home gets sold for $10 do I simply lose my right to get paid? 3. If the auction is public, I get no special consideration to purchase the property first, do I? I am just like any other buyer looking to purchase a foreclosure although I own a tax lien, correct? Any assistance is greatly appreciated :-) P.S. If anyone knows the answers to these questions as they pertain to Florida in paticular I'll be your best friend....
How can I sue someone living outside the U.S. that bought my business in Florida? I have a Ballon Short Term Promissory Note valued @ 42K and a 160K Note/monthly payments of 5k plus with a person living in France that bought my business in Florida, U.S. Currently, the buyer is 30 days past due, as of June 1, 2008 and refuse to acknowledge payment(s) or pay balance owed. The buyer has appointed her brother as power of attorney who is currently running the business, is listed as corp. pres. and living in Florida. The brother, also the broker, knowingly and willfully breached the contract agreement, thereby, causing default of payment and forcing me to seek legal action. It very difficult for me to find an attorney willing to sue a person overseas (France) and; as a single mother of three children, my funds are limited and home is in foreclosure due to the loss of income provide by the buyer. I have a Security Agreement on the assets in the business, however, I released all my corp. shares to the buyer, and in good-faith I would be paid. There is no evidence, at this time, which the buyer knows what her brother is doing; however, the brother is doing everything he can to discredit me (going as far as accusing me of stealing from him (?), untrue). My Security Agreement and Default Agreement states that if the buyer goes in default all assets can be seized or sold to satisfy the loan (money owed to me). How can I sue the buyer or the brother acting as power of attorney without appearing in France? How can I sue the buyer in the U.S and demand for her to come to the Florida to settle? And, how can I file a judgment to seize the assets (the fastest way for results) if the buyer lives in France? Please keep in mind, the buyer’s cooperation (I sold her) is located in the U.S. (i.e. Florida) and all documents, closing, purchasing agreements and transfer of shares were executed in Orlando, Florida, U.S. Therefore, I don’t understand why the buyer is allowed to breach/default our agreement and disregard the U.S. laws that protect our right(s) for due process simply by geography. Is there anyone that can help me? Sincerely, Mary A. Marypalmcity@aol.com
How does the foreclosure process work in Florida? I purchased a townhome two years ago that has lost 25% percent of its value and is not expected to rebound even when the rest of the market finally does (newer townhouses have been built around mine since then; its price has finally just stabilized to where it probably always should have been -- from $200,000 down to $150,000). Instead of eating $50,000, I'm considering just letting my home go into foreclosure. How does this process work? Do I just stop making my payments? I'm obviously aware of the affects to my credit score, but are there any other things to be concerned about (wage garnishment, etc)? I just want to know all the facts so I can determine if this is really the best thing for me... I do not currently live in the home. I relocated to a new city for business shortly after buying it, so I currently live in a property I rent elsewhere.
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