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Barton Sheldon Strock's Answers
- 54 Legal Answers
- 0 Legal Guides
3
Attorney answers:
What is the foreclosure procedure in Florida state
The foreclosue is final when the property is sold "on the courthouse steps" to the highest bidder. The sale usually takes place between 28-35 days after the entry of the final judgment of foreclosure. Many judges will give you 60 to 90 days if you attend the hearing. Once the sale takes place the Certificate of Title is issued 10 days later after which the new owner (usually the bank) can seek a Writ of Possession to have you removed.
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2
Attorney answers:
Can the mortgage company come after me for any deficiency after foreclosure and what are the tax implications
I am not licensed to practice in your state so my answers are of a general nature for educational purposes only. There are no tax consequences associated with the foreclsoure of a property that is not your principal residence. There are substantial tax consequences if you were to short sale this property so the foreclosure is your better financial option. As to the lender seeking a deficiency judgment - I have been practicing this type of law in Florida for 30 years and I have never seen a...
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3
Attorney answers:
Are all my assets at risk if my home were to go into foreclosure
The mortgage foreclosure is against your house only. The lender, has the right to seek a deficency judgment for the difference in the amount due on the loan and the value of the property. In my 30 years of practiclng law in Florida I have never seen a lender seek a deficiency judgment on a residential property. It is a cumbersome and expensive process that will require the lenders to spend even more money in court and will not sit well with the public. In the event a lender did do that then...
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3
Attorney answers:
What options are available under Florida real estate and bankruptcy laws to avoid foreclosure of real property
I have many clients in Florida with the same issue. I have advised most of them to walk away and take the hit on thier credit rating. Those that did not agree came back a year later. a lot poorer and ready to do it. First of all, their are no programs to assist an investor. Second, because this is not your primary residence the tax consequences of a short sale are prohibitiive. You should, however, check with your tax advsior as maybe you have enough expenses or offsets to the income that...
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4
Attorney answers:
Under FL foreclosure laws can the lender hold me responsible for any deficiency
I am in south FL and I have not seen a lender seek a deficiency judgment in 30 years of real estate practice. So I would not worry about the balance due the bank after the foreclosure. If you truly cannot afford the house then you will be foreclosed upon anyway - whether they could seek a deficiency or not. So go with it and try not to worry. The odds are highly in your favor that it will not happen.
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3
Attorney answers:
Can I keep personal property that a former roommate left behind if they were not on the lease under FL landlord tenant laws
Florida Statute 715.104 governs notification of former tenants of personal property remaining on the premises after a tenancy has terminated. Your roomate may be considered a sub-tenant, especially if they were paying a portion of the rent or in some other way paying for the right to live there with you. I would mail them a notice advising them them that you will dispose of the property after 15 days from the date of the mailing of the letter. You should list the property and mail it by first...
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3
Attorney answers:
What is the process for filing a small claims action against my landlord in FL state for failing to return deposit
You can cash the check . Section 83.49 governs how a landlord must make a claim on the deposit. You should read the whole statute bu it states in part (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to...
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2
Attorney answers:
Length of time tenants have to move out of house in foreclosure w/ Chase bank?
this is a difficult question to answer without full information. You have not stated what part of the foreclosure process you are in. If you have not been served with the summons yet a good attorney representing you can delay the process for at least a year depending on the loan history and how good the attorney for the bank is/ If you have a final judgment already entered then you have approximately 30 days until the sale is held and approximately 10 days afer that.
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1
Attorney answers:
Are Florida landlords responsible for the Extermination of Pests in single family homes?
You are correct about the Florida statutes not imposing the owner of a single family residence with the duty to rid the property of roaches. This obligation should be defiened by your lease. If the lease specifically imposes the duty on tenant or landlord that is what it is. If the lease is silent then you are responsible if you want it cleared up. Who drew up the lease? If you used a realtor and they did the lease they are required to use the Florida Supreme Court form that has a box...
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1
Attorney answers:
Can landlord in Florida begin eviction process if electric company has brought criminal fraud charges against tenant
If the tenant has not paid rent for this month and has abandoned the premises the simple procedure would be to post a 3 day notice and evict for non-payment. In Florida Statute 83.59(3)c) you can take poseesion when the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments....
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