Kenneth Edward Walton II's Answers

FL foreclosure laws, answering a summons about foreclosure

How you answer a summons and complaint will depend on the facts of your case, beginning with the origination of the loan, all the way to the allegations in the complaint. This is assuming that service was properly done and does not need to be challenged, which it may. None the less, it is important to choose how you answer very carefully. The rules of civil procedure require you to assert any "affirmative defense" or related claim against the plaintiff or other party with the filing of your...

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Can I dispute the validity of a foreclosure since the original promissory note cannot be produced

Florida Law does allow for foreclosure even if the original note can not be produced. In the foreclosure complaint, the Plaintiff needs to include a count for Re-Establishment of whatever documents are missing. This is the case in the majority of the foreclosure filed. Missing the note does not really come into play unless you can prove that the Plaintiff does not legally own the rights to the note. This is difficult because all it takes is valid assigment from the original mortgagee. Thus,...

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What is the foreclosure procedure in Florida state

This is an easy question to answer. The correct answer is "It Depends." Also, I am assuming that you mean once title has transferred of the name of borrower when you say "foreclosure becomes final" I just finished meeting with one of my law partners regarding a condo association that we represent. The mortgagee foreclosed and got title on two units about 6 months ago, and still has not sought a writ of possession to evict the mortgagors. The former unit owners are living for free. No...

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

The Association can proceed "As Is" in their foreclosure. They most likely are a subordinate lien holder. Very rare is the instance that the Condominium Association lien is superior to any mortgage, and even more rare is the instance where the Condominium Association lien is superior to a first mortgage or purchase money mortgage. If you are not current on your mortgage, and especially if are in mortgage foreclosure, it is not necessarily a good idea for you Condo Association to be...

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Can police enter my home without a search warrant when I refused their entry

Let's assume that you said no, and there were no exigent circumstances. More important than whether it was legal is how you go to prove that it happened. It is unlikely that the officicer will admit that they came in anyways after you said no, and if they did they will claim that they saw something in plain view that constituted the likelihood that a crime was being committed, or that they smelled an odor that indicated that a crime was being committed. Discuss your case with no one. Take...

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May I sue a non licensed handyman in small claims court for damage due to faulty workmanship?

The interesting thing about the legal system is that anyone can sue anyone, whether they have a valid claim or not. The real issue is whether you are likely to prevail, and also if you don't prevail, will you subject to pay any money to the party that you sued. If I were to sue based off of the facts that you have written, I would sue for negligence. This person had a duty to properly perform the services for which he was hired. He breached that duty when he improperly connected the waste...

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FL state foreclosure laws, homeowner's rights to contest service of a foreclosure notice

Without a doubt, your best bet is to hire an experience foreclosure attorney. My guess is that if you were able to spot defects as a lay person, then there are probably others that would be found if examined. If you were to go to an experienced foreclosure lawyer, you would still be able to be able to file an amended answer and affirmative defenses. If they do not have the oriignal note and mortgage, there may be a defense present, especially if the debt was allegedly transferred to a...

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Foreclosure on Investment Properties/Deficiency Judgment

In my opinion, it is safer to assume that the deficiency judgment will eventually be pursued. However, it probably will not be by the lender, but by a collection law firm or a collection company. I believe that a company or law firm is going to emerge that specializes in buying deficiency judgments for pennies on the dollar, or on contingency, and then will start pursing these situations. I have seen a couple of companies that have bought small seconds that were wiped out at foreclosure...

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Can a condo association in miami foreclose on me when my condo has homstead? If No why are they filing a foreclosure lawsuit?

I am sorry to hear that you are facing difficulties. However, I think I can provide you with detail answers as my firm actually represents associations in some matters and homeowners in others. Florida Homestead and Exemptions is governed by Florida Statutes Section 222. I have provided a link to the section for you below. Primarily, the exemption for you home protects you from judgment creditors to whom you did not pledge your home as collateral when you borrowed from them. Typically, this...

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Pending foreclosure sale date soon and have a handicapped child who requires modifications within the home to enable care.

I am sorry to hear of your unfortunate position. Mr. Thalji is absolutely correct in that it is imperative that you consult an experience foreclosure defense attorney that also does bankruptcy. An attorney that does both will be far more effective than an attorney that only has knowledge in either of the two areas. Furthermore, you did not specify whether the sale is from a mortgage, community association or a tax deed sale. Each of them has different was to defend, and hence why it is...

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