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H. Dillon Graham III
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H. Graham’s Answers

60 total

  • How do I respond to a foreclosure summons in a written letter and where do I go from here?

    I am a tenant and was served with a summons this morning. I know I have to respond but what do I say? Am I still required to honor my lease with my landlord or can I start looking for a new place and move out asap?

    H.’s Answer

    You can file an answer indicationg that you are the tennant in possion under lease with defendant owner. File it with the court and send copy to plaintiff's attorney. You have to pay rent while you are in possession. Look at lease to see if foreclosure entitles you to terminate lease or ask landlord's permission for early termination. Make sure everything is in writing.

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

    I owed $ 300,00.00 and the bank accepted $ 65,000.00 at the closing, do I end up down the road paying the difference. They said no but I don't know if this will end up in a boiler room filled with laywers hired by the bank to go after all there sh...

    H.’s Answer

    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...

    papers from them at all, never served or any summons. My Realtor who has the hm listed as a short sale has been checking the clerks office daily, no Lis Pindens shows. I called the lender a few weeks ago & all they mentioned was a 'Demand' lette...

    H.’s Answer

    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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  • Am I responsible if owners condo is going into default? Do I need to appear at hearing?

    I was renting a condo and found out by a prosecessor who knock on our door that they were in default since October . I went and found a new place to live and moved out. Did not want anything to do with this problem. My nanme appears on motion to d...

    H.’s Answer

    Since you are just a renter you were sued only to bring all parties with an interest in the property into the foreclosure action. Since you moved out it should not be a problem for you in connection with the foreclosure lawsuit.

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  • If I am co-owner on my dads account can the bank go after his money if i have to foreclose on my house due to being without work

    Due to the economy I am out of work 7 months. I am co-owner on my dad's account so I can protect him from scams, etc. I am not late on payments but that time may come soon and now I need to know if the bank who holds the mortgage can access his ...

    H.’s Answer

    The lender cannot go after any money until it has a judgment and sells the property for a sum less than what is owed. As for your father bank account, if your father does not own your home with you, then the bank account should be safe.

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  • On a short sale closing, the property has a lien on it from HOA. how many month by law are we legally held for?

    We have been accepted by the bank for our offer and this came up. it was not in our closing with bank, how many months will I be liable for, its 2 years behind?

    H.’s Answer

    You are liable for all maintenance fees while you own the condo.

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  • I live in doral in a partament which turn out to be in forclosure since i rent it on february 2009 .

    i already got the notice from the bank but i want to know how much time i have for moving out?im not the owner.

    H.’s Answer

    You can stay up on what is going on in the foreclosure case on the Miami-Dade Clerks web site. Go to this link and type in the case number and then click on docket.

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  • I don't know if I should do a short sale on my house. I cant afford the repairs and barely make my monthly mortg.

    I have a house that has a leaky roof, old ac unit and problems with plumbing. I can't afford the repairs because the mtg. is so high. I want to move to a house i can afford. Between the repairs and high mortgage, should i short sale or forclose...

    H.’s Answer

    It's always better to avoid a foreclosure. If you can sell the house and get the lender to accept what you sell it for and agree not to seek a deficency judgment against you. But generally that is tough to do.

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

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

    H.’s Answer

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

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  • I searched on line.Went to courthouse receptionist says they are behind.Husband says his lawyer filed. Not sure What can I do?

    My rental is in foreclosure.Spouse used an old power of attorney without my knowledge.I never signed it with a notary.I was out of the country when it was notarized.I found out after seperating.called the mortgage company to get imformation and w...

    H.’s Answer

    What you are describing is a complicated legal situation. You need to contact a foreclosure defense attorney. We are availible if you decide to go that route.

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