Michael Andrew Ziegler’s Answers

Michael Andrew Ziegler

Clearwater Foreclosure Attorney.

Contributor Level 6
  1. Foreclosure

    Answered over 1 year ago.

    1. Michael Andrew Ziegler
    2. William W. Gwaltney
    3. Joshua Eli Adams
    4. Andrew March Lyons
    5. Jacqueline Alicia Salcines
    5 lawyer answers

    Florida is a judicial foreclosure state, which means that the lender is required to use the Court system to foreclose. Just as in any other civil lawsuit, a lender must prove their case with admissible evidence. In many cases, even if a borrower has not paid their mortgage, the lender may not be entitled to foreclose on the borrower where they have not met their legal burden of proof. Attorneys are training the understand the rules of court, including the pleadings and motion process,...

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  2. Order Setting Status Conf. on Bankruptcy letter regarding my Foreclosure from OCWEN - do I need an attorney to be @ the hearing?

    Answered 12 months ago.

    1. David Michael Goldman
    2. Michael Andrew Ziegler
    3. Margery Ellen Golant
    4. Robert Hunter Pflueger
    5. Dorothy G Bunce
    5 lawyer answers

    When a bankruptcy case is filed during an existing foreclosure case, the bankruptcy will generally provide a stop (or "stay") in the foreclosure action. However, the "stop" that the bankruptcy provides is temporary, and generally, unless the loan that is being foreclosed on is modified, the bank is allowed to continue with their foreclosure about 3 months after the chapter 7 was filed. Even when a mortgage is "included" in a chapter 7 bankruptcy, the bank is still allowed to foreclose. I...

    4 lawyers agreed with this answer

  3. If a debt collection lawsuit is withdrawn or lost in court, can the plaintiff still seek attorney's fees? (Florida)

    Answered 3 days ago.

    1. Michael Andrew Ziegler
    2. Mark Theodore Tischhauser
    3. Michael J Corbin
    3 lawyer answers

    As indicated by Mr. Tischhauser, in order for there to be a Court award for attorney fees, then the Plaintiff must win the case. There can be no Court award to the Plaintiff for attorney's fees if the case is withdrawn because the Plaintiff hasn't won anything. Typically it is the opposite - if the Plaintiff has withdrawn their lawsuit, then the Defendant may be entitled to recover their attorney fees if they have any. Please note that a request for recovery of attorneys fees is a fairly...

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  4. What is the process of foreclose in Florida?

    Answered about 2 years ago.

    1. Michael Andrew Ziegler
    2. Margery Ellen Golant
    3. Andrew Joseph Decker IV
    3 lawyer answers

    You can "walk away" from the house whenever you desire, but that does not make walking away from a house a good idea. By walking away, you are almost insuring that the lender will be entitled to a defency judgment, which means they the can go on to collect the deference between the value of the house and the amount that is owed after the foreclosure has taken place. If the home is "underwater" - you owe more than it is worth - this is a problem. I practice in the Tampa Bay area, and I can...

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  5. I need to know if I can legally sell this property and if I do is the money ours free and clear?

    Answered about 1 month ago.

    1. Michael Andrew Ziegler
    2. Nikhilkumar Manharlal Patel
    3. Don A Dennis
    3 lawyer answers

    When a homeowner files for Chapter 7 bankruptcy, the bankruptcy eliminates the homeowner's personal liability on a mortgage, which means that the bank cannot go after the homeowner for money. However, the bankruptcy does not eliminate the bank's ability to collect on the property. In other words, the bank can still foreclose even though a homeowner has filed bankruptcy. Historically, the legal opinions had said that a bank can only attempt to foreclose on a property for 5 years after they...

    3 lawyers agreed with this answer

  6. We lease a home in Florida that is up for short sale/ foreclosure. Our rights?

    Answered about 2 years ago.

    1. Keith Adam Halpern
    2. Michael Andrew Ziegler
    2 lawyer answers

    Some great questions. As to your first question, whether you have any rights if the home is foreclosed on, the answer is "yes" under the Protecting Tenants at Foreclosure Act ("Act"). Under the Act, a leaseholder can often maintain occupancy of a home for the full duration of their lease, even if the home is foreclosed upon. There are some differences in a tenant's rights under the Act depending on whether there is a written lease or a verbal lease. The only twist here is that not all...

    2 lawyers agreed with this answer

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  7. How long does a bank have to re-file a foreclosure?

    Answered over 1 year ago.

    1. Margery Ellen Golant
    2. Michael Andrew Ziegler
    2 lawyer answers

    Attorneys call the length of time that a party has to sue another party a "statute of limitations." For a written contract, the statute of limitations is 5 years from the date of the breach. This issue becomes more complicated for mortgages, because arguablely each payment that is missed is a new default, thereby extending the length of time a lender has to file a foreclosure lawsuit. However, typically before a lender files for foreclosure, they "accelerate" the loan balance, meaning...

    2 lawyers agreed with this answer

  8. Can my primary residence have a lien put on it by a bank who just filed foreclosure on an investment property?

    Answered almost 2 years ago.

    1. Margery Ellen Golant
    2. Michael Andrew Ziegler
    2 lawyer answers

    It is possible that the foreclosure of your investment property will result in a judgment lien being placed against your primary residence. However, under Florida law, your primary residence is protected from such liens. It is also possible that a deficency judgment in a foreclosure action could result in your wages being garnished, however you may be protected from garnishment under a Florida protection for a "head of household." If the lender attempts to garnish your wages, I would...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. What does order setting case management conference mean in foreclosure process?

    Answered 5 days ago.

    1. Michael Andrew Ziegler
    2. Jacqueline Alicia Salcines
    3. Ann Marie Houha
    3 lawyer answers

    A case management conference is just the Judge's way of asking everyone what is going on in a case. Where there is a bankruptcy pending, it suggests that one of two things has occurred: either 1) the Foreclosure Judge may not be aware that you are still in bankruptcy, or 2) the automatic stay" (the name for the freeze that bankruptcy places on the foreclosure case) may have already expired. You may want to review your case status with a bankruptcy attorney who can help inform you and the...

    1 lawyer agreed with this answer

  10. Can I avoid foreclosure and bankruptcy? My husband died and I can't pay the HELOC. B of A will not work with me.

    Answered about 1 year ago.

    1. Shawn Michael Yesner
    2. Brian David Zinn
    3. Michael Andrew Ziegler
    3 lawyer answers

    Unfortunately, it is a common problem when a spouse who is on a loan passes away and the other spouse is unable to communicate with the bank. I see this situation also come up when spouses separate, and one spouse is willing to participate in a modification or short sale and the other spouse doesn't care. The lender may require you to probate the estate before they will discuss the loan with you. Even then, BOA may not be willing to modify your loan. Before going through this fairly...

    1 lawyer agreed with this answer

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