Felix R. Carrillo's Answers

Can my bankruptcy filing keep them from using a writ of possession to kick me out

The filing of a bankruptcy will temporarily stop or stay the state court foreclosure proceedings, including the eviction/writ of possession. But the lender can move to lift the stary since they are a secured creditor and within 20 or 30 days be able to request a new sale date and move forward.

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Who owns the property?

The property must go through the auction process. If there are no outside bidders or no outide bidders willing to pay what the bank is requiring, the lender keeps the property. The sale date is set by the Clerk of the Court once the judgment is signed by the judge. I believe you are referring to the 90 days written notice required by the Protecting Tenants at Foreclosure Act. If you were the owner of the property you are not entitled to the benefit of this Act; it only applies to tenants....

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Article VII - Protecting Tenants at Foreclosure Act

You loose nothing by doing so but I think you will be contacted by the lender if and when they take the property back anyway. They will start collecting rent from you, etc. If they want to evict you, they must provide you with 90 days written notice under the act. They cannot simply get a writ of possession through the foreclosure case; you will be treated as a tenant and they must pursue regualr eviction channels. Hope this helps. This response is provided for informational purposes...

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We have now filed for bankruptcy and the house is in foreclosure. Does the bankruptcy merely stay the foreclosure ?

Both the above answers are correct. I would like to add that in my experience, the lenders do not bother movign to lift the stay in bamkruptcy court because of the costs invovled. Besides, lenders are really not in a rush to acquire the property; they almost prefer to have the owners there to maintain the property in good order rather than have it get vandalized. The length of time it may take for the lender to acquire possession will also depend at what point the foreclosure litigation is at....

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How do I file a motion to vacate set aside judgement?

There are several grounds for vacating a judgment. Without more information it is impossible to tell if you have grounds to have the judgment vacated. The grounds are set forth in the Florida Rules of Civil Procedure indicated in the prior answer, but you would need access to the cases construing and interpreting these rules. This not impossible for a non-attorney to do, but unless you state valid grounds under the law you will not get the relief you are seeking. I would retain an attorney,...

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How long between filing and eviction?

This question is very difficult to answer becuase it will depend on how diligent the attorney for the bank is in moving his/her case forward, and what the owenr of the property does by way of defending the case. It could literally be anywhere from 3 or 4 months to over 1 year. The only way to know for sure it to monitor the progress of the case. Under the Protecting Tenants at Foreclosure Act of 2009, the new owner of the property (once the foreclosure is completed) must send notice to the...

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Does the lender have to make an offer to person on deed if they are not on the note before they foreclose on the property?

Is seems as though the borrower on the note is not cooperative. That being said, it will be very difficult for you to keep the home becuase the bank will not modify the loan unless the borrower is on board. Your only hope is if the bank sells you the property after the bank takes title to the property if you qualify for a loan at the new (and/or reduced) sales price. A short sale requires that it be an arms length transaction between buyer and seller, and from the sound of things this may not...

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In my divorce decree, my ex was to hold me harmless on property he built a home on during our marriage. I just got served on FC

I am only going to address the issue of the foreclosure as I am not privy to the facts of your marital settlement agreement. If you were not on the construction loan, you are being sued in the foreclosure lawsuit only to extinguish any possible homestead interest that you have. You will not be responsible for any monies owed to the bank since you are not a borrower on the construction loan. You may, however, have certain claims under the marital settlement agreement, but this needs to be...

Commercial lease tenant won't move out

You need to legally evict your tenant. Changing the locks is the equivalent to self-help eviction and is illegal. By changing the locks you are also depriving your tenant of his/her possessions, either permanently or temporarily, and this may constitute theft. Your tenant may be liable for double rent as a hold over tenant. Hope this helps. This response is provided for informational purposes only, shall not constitute legal advice, nor establish an attorney client relationship.

My son and I are on the title of our proprerty, the loan is only on my name and now we want to deleted his name from it.

The answer posted by Mr. Coenson is correct. I will add that you need to be careful about the doc stamps that you must pay upon recording the quit claim deed. All transfers unless specifically exempt from payment of documentary stamps, carry doc stamps. You will have to pay doc stamps on 1/2 the amount of the existing mortgage balance. This response is being provided for informational purposes only and shall not constitute legal advise, nor shall it establish an attorney client relationship.