H. Dillon Graham III's Answers

How long can an attorney "delay" a foreclosure?

Foreclosure defense lawyers do not delay. What we do is assert the multitude of good faith defenses availible to fight your foreclosure. In the process you may wind up living in your home for 4 plus years without having to make any payments on your mortgage. Taking action for the sole purpose of delay is unethical and strictly prohibited. Foreclosure defense lawyers are not in the business of delay. We are protecting the rights of good people who want to stay in their home. We fight against...

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Can Condo Assn foreclose on condo even if I still owe money to bank?

I think the HOA should name your mortgage company as a defendant, because if it goes all the way to a sale the first mortgage has to be paid or alternatively the new buyer will not have clear title. Maybe the HOA can proceed without addiong the first mortgagor, but i thin the better practice would be to include them in this lawsuit.

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My Condo is headed to foreclosure. The HOA says they are entitled to the rent from the tenant for the unpaid quarterly's T or F?

Until they get a judgment it is your property. They have no right to tell your tenant anything. You are liable for the assessments.

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Deed in Lieu of Foreclosure and a Promissory Note payable to the Mortgage Insurance Company OR a Foreclosure?

Sounds like a bad idea. You can fight the deficency judgmnent after the house is sold.

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I live in Florida and have a condo that is in foreclosure. Do I still have to pay the hoa dues

You are obligated to pay the home owner association dues as long as you are the owner of the Condo. If you do not pay the dues they will be added on to the amount you owe at the time the final judgment of foreclosure is entered. Whether or not you pay the dues in the meantime is a decision you have to make based upon your ability to pay and other factors personal to you.

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I have just received an "Affidavit In Support of Motion for Final Summary Judgment." What is my next step?

The lender has to produce the original promissory mote to prove their case. However, if you go into court with that line as your only defense you will lose. The Judges are under too much pressure to move foreclosure cases that are clogging up the system. Unfortunately you need an attorey to fight for your rights, but the cost is pretty reasonable.

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How do I stop an association from selling my home

You can contact the Associations attorney and ask for an extension. Generally they just want to get paid.

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When the bank accepts a short sale and we close, what happens to the taxes that were owed?

You are liable for the property taxes that accrued while you own the property. However, the taxes remain a lien on the property even after the sale if not satisfied. The new owner takes the property subject to the taxes due.

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"Active Foreclosure Status" with a sale set for Nov 09 is what the lender mentioned when I called. I have not received ANY...

If the lender claims to have served you then you are in trouble. This matter requires immediate attention. You better get back home or get someone else in Orlando working on this problem.

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Can I get served a complaint and summons for foreclosure if I am in Bk in florida?

Your bankruptcy lawyer needs to file a suggestion of bankruptcy in the foreclosure action. Then it stops.

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