I am assuming that you are proceeding pro se at this time. If you want to try and speed things up with your case, you can file Defendant's Notice For Trial with the Court indicating that the matter is ready for trial and the approximate amount of time you estimate your case will take. This will get your case placed on a trial docket by the Clerk of Court (an event the lender's attorneys would like to avoid) and should force them to file their Motion For Summary Judgment and have said Motion...
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.
Yes, but only 1 year retroactive regular assessments or 1% of your original mortgage amount with your lender, whichever is less. If the lender take title they are responsible for all obligations to the Association going forward.
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.
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.
I represent over 85 condominiums in Central Florida. Unless your Association sued you to foreclose an assessment lien and now has title to your unit, the short answer is no! I would not only call a local real estate attorney I would call the police to assist you in retrieving your personal belongings. Many condominium associations are undertaking "self-help" procedures without court approval which is completely improper. Good luck!
There is no reason not to get involved as a buyer in a short sale other than the extended amount of time you may have to wait to hear back from the bank regarding your offer. Any experienced realtor should be able to assist you with the buying process. For peace of mind, you may want to have an attorney review the proposed contract but other than a short sale addendum reflecting that the contract is subject to bank approval there should be little difference between a standard contract and a...
As I answered in your prior question, the overage went to the first mortgage holder and the HELOC received nothing. If this is the only isssue impacting your credit, your credit should see a noticeable improvement in 2-3 years. Insolvency is only an issue if the HELOC sends you a 1099c forgiving the debt you owe them (and does not attempt to collect the debt from you) and you are then taxed on the "phantom income" by the IRS as the debt forgiveness is considered a gift. At that point in time,...
There is still a chance your short sale can be consumated. As long as the Bankruptcy Trustee grants approval and your buyer does not walk due to the delays, the lender's attorneys can file a simple Motion with the Circuit Court requesting that the scheduled sale date be cancelled to allow for the short sale to close.
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.