Matthew Decell Weidner's Answers

Does the family have to employ an attorney to file the paper work for a Summary of Administration?

My condolences for your loss. Because of the assets you described, you will need to hire an attorney properly licensed in Florida to assist you and your family with this process. Ethical and responsible probate attorneys will charge a modest fee for walking through the technical legal steps and any attorney would be able to tell you with a fair degree of certainty what that attorney would charge. The bottom line here is you and your family need time to grieve and work through the family...

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On what basis can you file an objection to a foreclosure sale?

Any interested party only has ten days after a foreclosure sale to have the sale vacated or set aside. Having said that, when the lender and you agree, you may get the judge to agree to set the sale aside and potentially vacate the judgment. Even if you cannot get the lender to agree, there are a variety of facts and circumstances which may influence the judge to set a sale aside. In this market, I'm finding lenders very agreeable to all sorts of solutions that they would not have...

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Tax Lien and Home Foreclosure Issue

I have negotiated many such issues for clients in the past here in Pinellas county. There are several troubling things that may give us something real to work with, especially the fact that the mortgage rate is 15%. It is very difficult to have a rate that high and still have it be a legally enforceable mortgage. I will be happy to review and discuss this with you for no charge.

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Should I ever give a deed in lieu without getting a satisfaction of mortgage?

These are crazy times in real estate and mortgage law and things that were unheard of not too long ago make crazy sense now. Once you deed the property to the lender, you have transferred any liability related to that property back to the lender. If they give you a written agreement agreeing not to pursue any deficiency, they lack the ability to do so, assuming that the agreement they provide to you is legally binding. A satisfaction is in your best interests, but if they are unwilling, deed...

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Motion for summary final judgement of foreclosure and taxtion?

My colleague who answered the question is correct. I would reinforce what he said that you do need to contact an attorney immediately because you may face liability for the debt that is owed on the home. If you cannot afford an attorney, contact Bay Area Legal Services, Inc. Riverbrook Center, 2nd Floor 829 W. Martin Luther King Jr. Tampa, FL 33603 (813) 232-1343 To see if they may be able to assist you.

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How long is a tenant and their belongings safe in a residential situation?

No landlord may remove a tenant or her belongings from a property until they have a formal signed order from a judge. Evictions in Florida can be tricky for landlords and the tenant has many rights. If the landlord has removed your belongings they have violated the law and are subject to damages and a lawsuit from you. I am an experienced real estate attorney and would be happy to review your case and details of your situation.

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Brother quit claimed his half of mothers joint tenant property to exwife for 20 dollars after stealing 80+ thousand from reverse

The first thing you should do is contact the Florida Elder Abuse hotline at (1-800-962-2873). This is a free service for Floridians. Share the details with the service and they will determine whether involvement of law enforcement or the state attorney is warranted given the facts. If they do not believe a case can be made for elder abuse, you will need to contact a estate or probate attorney in your area to determine if their are chances of recovery.

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Bank is asking us to vacate property before they have title in foreclosure.

The lender can ask you to vacate but you are not compelled or forced to do so until the Clerk of Court issues and the sheriff serves, a writ of possession. When the writ is issued the sheriff will return and the lender will have the opportunity to remove you and all your possessions. Until that formal process occurs, they cannot forcibly remove you.

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What does an order vacating final decree mean

I would need a little more about your question to get into specifics, but for some reason the final decree or final order, probably the final order of discharge was canceled, revoked, amended, taken back and it probably has no force or effect anymore. You would have to get the actual order and see exactly what it says and find out why the final order was vacated. You should do this quickly in order to preserve your rights and see if you can correct whatever the problem was so that you can get...

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Do I need to pay rent on a house that is going through probate

In Florida the personal representative of the estate has an obligation to marshall or try to collect all the assets of the estate and make sure nothing in the estate is being damaged, destroyed or wasted. For instance if the home were vacant, the personal representative would have to make sure lawn gets mowed, the property is secured etc. Before the home is formally transferred to whomever it transfers pursuant to the will, it is the property of the estate and there may be some argument that...

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