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Joseph Gian Colombo
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Joseph Colombo’s Answers

35 total

  • What do I do if a lien is put on our property?

    Received a letter indicating a sub-contractor has put a lien on our property against our builder - after closing. What should I do?

    Joseph’s Answer

    This is a very broad question with literally dozens of variables which would influence a concise response. I will gladly sit down with you for a free consultation to see exactly where you stand. I have been practicing construction law for 16 years, please feel free to contact my office in Melbourne.
    Regards,
    Joe Colombo

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  • Will my fiancé foreclosure affects me in any way if we get married? He has a court citation for final decisision after wedding.

    The property was on short sale the bank didn't accept any of the offers. There is a 2nd mortgage on the property. My name is not on the documents at all. I want to know if they can come after me if we get married or if this will affect my credit....

    Joseph’s Answer

    You can get married whenever you would like. Your soon to be husband's foreclosure has zero impact on you legally. Congratulations!

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  • My bank started foreclosure process even though I have been trying for a year to modify my home loan. What should I do?

    They have been stalling for a year and will not accept anymore monthly mortgage payments.

    Joseph’s Answer

    Please feel free to contact my Melbourne office for a free consultation. Please review my profile for any background information. I am happy to assist you with the foreclosure process.
    Regards,
    Joe Colombo

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  • After completing a Chapter 7 bankrupcy which included the mortgage, how does the foreclosure procede? What should we be doing?

    We recently received discharge from our Chapter 7 bankrupcy which included the mortgage. The foreclosure process is proceding. Our lawyers consider their end of the process (bankruptcy) complete, so I am unsure what happens next with the foreclosu...

    Joseph’s Answer

    There are still several ways to delay the process and allow you to remain in your home if that is your goal. In sum, the case will move along with all the standard legal defenses available to you to defend the matter. Good luck.

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  • Is there always a hearing in a foreclosure case?

    My mother owns a home in Ft. Lauderdale which the pleading was served August 2009. To date she has not been advised of a court hearing. Is there always a hearing in a foreclosure case.

    Joseph’s Answer

    There is always some form of a hearing in a foreclosure case. Even if the defendants all default, the lender must conduct a brief Motion for Summary Judgment hearing to present the appropriate affidavits/documentation to the Court in order for the Court to sign off on a Final Judgment foreclosing the property. Unlike many other States, property rights are upheld as sacred in Florida and there are strict legal requirements that must be followed before a property can be foreclosed.

    Please click on the "thumbs up" button below if you found this to be helpful.

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  • When do I have to vacate my home after a sale date

    my hoa got a forclosure judgement and a sale date. what is the process and when do I have to move out of my home. missellem@yahoo.com

    Joseph’s Answer

    The local Sheriff will give you 24 to 48 hours to move out.

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  • I am a Florida resident who has been in the foreclosure process for some time now. Due to a shift in the bank's attorney, it is

    still some time before any action takes place. I have been following my case very closely. Last week I received a letter from my HOA saying that they will be starting foreclosure proceedings. I found out that this is legal. My question is, what i...

    Joseph’s Answer

    • Selected as best answer

    I will normally wrap up a condo/hoa foreclosure in 3-4 months. The main incentive to move quickly and obtain title to the property is that the property can then be rented out to a tenant to recoup some of the past due assessments, until the lender finalizes their own foreclosure action and takes title from the condo/hoa.

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  • A house we rented was foreclosed on. The bank never contacted us before we moved out. How long do they have to collect back rent

    My wife and I are both active duty military and recently got reassigned from Pensacola, FL. While in Pensacola, the house we rented went under foreclosure. While the bank legally owned it after everything was finalized, we we're never contacted by...

    Joseph’s Answer

    The bank is not going to come knocking. The bank had the obligation to demand rent while you were there and they waived that right. You are in the clear.

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  • Will my forclosure affect my fiance's home?

    I own a home in Florida with my ex husband because he was unable to refinance the property to get my name off the loan. He currently still resides in the property but has not paid the mortgage in almost a year. I am engaged and plan on getti...

    Joseph’s Answer

    No, clearly. You can get married and best of luck to you!

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  • How much do attorneys representing the lender normally charge for foreclosure?

    Our lender accepted a payment without informing us that they had started foreclosure proceedings the day before. Once we received notification, it took some time for them to return the payment, which delayed the process of starting a payback plan...

    Joseph’s Answer

    That is ridiculous. Nearly all the lender's attorneys charge a flat fee of $1,300 to $1,700 for the prosecution of the entire case and in fact, those are the fees that are approved by the Court. A lender's request for reimbursement of $4,500 for attorney's fees expended would almost definitely be denied.

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