Michael Alex Wasylik's Answers

Procedure for responding to a summons and complaint for foreclosure in FL state

First, you should check the Avvo legal guide on this topic: http://www.avvo.com/legal-guides/mortgage-foreclosure-Florida Second, if a summons has been served with your name on it, you are a defendant. You may have an interest in the property, and if you're not yet divorced, probably do. if you fail to respond within the 20-day time limit, you may forfeit any interest you have in the property and the court may enter a "default judgment" against you. Third, if your spouse is no longer...

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What does notice of lack of prosecution mean

Assuming you're talking bout a civil lawsuit of some kind, it means that the parties have failed to make any "record activity" in the case for a period of one year. If neither party moves the case along, the court has the discretion to remove the case from its docket by dismissing it.

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What is the timeline for foreclosure hearings in Broward County FL

In most Florida counties, the courts are seeing significant backlogs in foreclosure cases. Broward County is no exception; it can take several months from the time the case is filed until the lender gets a hearing on its summary judgment motion. But the real deadline is not the summary judgment motion - it's the initial 20-day window you have to respond to the summons. If you have not done this, you may already be in default, and it can be very difficult to work around this. Whether you...

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We owe more on our house than it is worth. can we walk away?

If you just walk away, it is nearly certain that the lender will begin a foreclosure lawsuit against you. If you choose to "walk away" the home will probably be sold at auction, in most cases back to the original lender. If the foreclosure auction does not cover the total amount of the debt, the lender has the option of seeking a "deficiency judgment" which means, in effect, they sue you for the difference. If the difference is quite large, and if you have assets in another state the...

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How likely is it that a mortgage can be foreclosed on in FL with a "lost" Note?

In Florida, a plaintiff must do one of two things in a foreclosure case: it must produce the original Note, or "re-establish" the Note if it has been lost - effectively, asking the court to pretend they have the Note. In order to re-establish a lost Note, the plaintiff must prove that it had the right to enforce the Note at the time it was lost - either because it possessed the Note at one time, or because some prior person in possession of the Note assigned them the right to enforce it....

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Foreclosure consequences

No one can list "all" the consequences of a foreclosure, but here are the main ones: 1. If the foreclosure goes through to auction, you will almost certainly lose your home unless you fight back. 2. Your credit score will take a significant hit, not from the foreclosure, but from the missed payments prior to foreclosure. 3. If the lender opts to pursue a "deficiency judgment," you may be liable for any shortfall if the sale of the home does not cover the entire loan. 4. If the home...

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How can i get quiet title or satisfaction of mortgage if the bank volontaraly dismissed its lawsuit against me

The dismissal without prejudice means that this lender could come back and attempt to re-file the foreclosure action later, within the five-year statute of limitations. Until that time, you probably have no legal basis for a quiet title action unless you can show that the mortgage is somehow invalid (which it may be). Five years after the "acceleration" of the Note, which is no later than the date the foreclosure was filed in most cases, the mortgage may no longer be enforced and no lender...

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In a foreclosure, what is a "Notice that cause is at issue?" (Please read my details, I really need help)

Don't get too excited. This happens frequently in foreclosure cases that I handle - all it means is that no one has filed anything with the court in some time. A few days before the deadline, the plaintiff's law firm will file some paper with the court that will count as "record activity" just to keep the lawsuit alive. It is likely that the result will be a summary judgment filing by the Plaintiff. But bankruptcy is not your only option, and depending on your circumstances, may not...

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How are Florida courts ruling on foreclosure defendants' so called "poison pill" motions re SPVs & securitized mortgages?

I practice in the area of foreclosure defense and communicate on a daily basis with hundreds of other foreclosure defense attorneys across the State of Florida. I have never heard of a single successful motion of this kind. If there are any successes, they've been kept very quiet. I know that there are people out there selling, for very high prices, canned motions that raise these defenses, but if you're even considering buying them, ask first if the seller can provide even a single...

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Foreclosure paperwork received this weekend.

Q: Will the bank accept the no deficiency clause on our contract? There's no way to tell. Some banks are willing to do this, but in my experience lately, most are not. Without some leverage, especially the kind you get if you've raised a vigorous defense to the foreclosure case, you've got almost nothing to bargain with. A: If my assets are in an account with my wife, who is not on the note, can the bank come after those assets? If you have an account that is held as "tenants by...

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