Michael S ('Mike') Hagen's Answers

My spouse died - we did not have a will. Both names are on the deed. Can I sell the house?

If the deed states, for example, Joe Smith and Mary Smith, husband and wife, or tenants by the entireties or joint tenants with rights of survivorship, then your deceased husband's ownership automatically passed to you at the time of his death and you can sell by recording the death certificate (and possibly an affidavit of continuous marriage) with the deed from you to the buyers. If the deed reads "tenants in common" then his interest will not pass automatically and his estate may have to be...

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Will my lender have to start over with new foreclosure proceedings, since the previous foreclosure was dismissed? I am in Fla.

You may have an extended period of time before the first mortgage holder refiles a foreclosure action and even when they do you very well may have in excess of a year thereafter especially if you retain a good foreclosure defense attorney. Above all, do not ignore a summons and complaint if you are served.

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Looking for partner/legal advisor for Florida Tax Deed Purchases

The Hagen Law Firm has been very involved in tax deed buyer representation and the subsequent Circuit Court quiet title actions since 2004. If you are not experienced in these investments a good place to start is with a one hour consultation as to the ins and outs of the tax deed process. Tax deeds can be a good opportunity for a patient and careful investor. Check out our website at MikeHagen.com. Thank you.

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I'm in the process of signing a modification agreement. is there anything I need to be aware of.

I recommend across the board that any borrower have their attorney review a loan mod agreement before executing it. It is unclear whether you are about to sign a permanent mod or a trial mod. One of the most important things to know is that almost without exception the lender will require a borrower to complete that "trial mod" by timely paying the mortgage for three consecutive months before the permanent mod is offered. We have seen numerous instances where a client has fulfilled the...

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Final Hearing on Foreclosure

The lender will attempt to prove their case by introducing evidence and taking testimony and will ask the judge to enter a final judgment of foreclosure and to set a foreclosure sale date. You may be able to contest this effort and should obtain counsel if you wish to do so.

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Can I get my security deposit back.

I agree that there are some key unstated facts here that may bear on the answer. The mere fact that your landlord, the borrower, was sued for foreclosure did not provide legal justification for you to vacate the premises. The landlord still owned the house despite the suit and still had the right to lease it. You are unlikely to prevail in an effort to obtain a return of your security deposit but in order to get a firm opinion, meet with a real estate attorney.

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Can we hire another pool builder to finish the job that our pb cant seem to finish ,he told us 2 months and now its 9 mo?

It would be a mistake to jump to this conclusion. Time to meet with a construction law attorney and have him or her carefully review your contract as to rights and obligations. An inspection by a third party pool inspector would also be a good move at this point.

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I own 2 homes one is paid off and the other isn't im letting that one go can i give my paid off home to my son

These are issues that you should not decide upon without an attorney's advice. It is rarely advisable to simply "let a house go" and be sold at foreclosure. There are advantageous options available including modification and short sale. As to giving the other house to your son, your attorney needs to know the status of that house. Is it your homestead? What is your objective in giving it to your son: a gift or debt avoidance?

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Property

In addition to the answers previously provided, it is not clear to me whether you own the mobile home and land (real estate) or just a mobile home on leased land (a motor vehicle). Different procedures apply to these two scenarios. You need an attorney to help you sort this out and to decide how to regain possession and to extinguish any competing claims.

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How much time do I have to get rid of a lien and to avoid foreclosure of a property?

The mere filing of a condo association lien does not obligate the association to file a lien foreclosure action and if it does file the foreclosure you have the right to pay the fees any time before foreclosure sale to stop the suit. It would be advisable, however, to find a way to pay these fees before substantial attorneys fees, interest, late fees and court costs balloon the balance.

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