Crystal Diane Golm's Answers

Foreclosed by HOA with mortgage on it.. I have the winning bid..

If the mortgage was filed before the condo lien, yes, you took the property subject to the mortgage. If the mortgage remains unpaid, the bank will foreclose and you will be divested of your property rights.

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If I received a 1099 from the bank after my foreclosure can they pursue also a deficiency judgement against me?

Hello. Your tax liability (1099) and your obligation on the note secured by your foreclosed mortgage are two separate things. So, yes, the bank always has the right to pursue a deficiency against you after a foreclosure. The bank has 5 years from the date of the sale to pursue a deficiency. If the bank (or a third party creditor who buys your loan) obtains a deficiency judgment against you, the judgment will be against your personal property (money, cars, jewelry, furniture) and any real...

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My landlord knew the property is going into forclosure but still rented to us!

A new law went into effect in May 2009 entitled the "Protecting Tenants at Foreclosure Act of 2009." The new law requires that the immediate successor in interest at foreclosure (aka the bank or purchaser) (a) provide bona fide tenants with 90 days notice prior to eviction and (b) allow bona fide tenants with leases to occupy the property until the end of the lease term except the lease can be terminated on 90 days notice if the unit is sold to a purchaser who will occupy the property....

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My husband and I have come to an agreement. Can we hire one lawyer to write it up?

Yes, you can hire one lawyer to draw it up, although if you already have attorneys working for you, have you considered mediation? If that is not an option, you can certainly seek counsel together elsewhere and have a marital settlement agreement drawn up. Thereafter, you could take the agreement to your individual attorneys for review, sign, and file with the court.

HOA Field A lien Prior to serving notices or certified mail.

Hi, there. It sounds like the letter you received from the association's attorney is the warning/notice you seek. The association must demand you pay the assessments, before it can record a lien. Once the lien is filed, the association will be able to begin foreclosure. I suggest you speak with an attorney and provide the attorney with the correspondence you received. Good luck!

My "Commercial" landlord is harassing me at my business in front of staff and clients over parking cause he's mad im leavin

Wow...what an uncomfortable situation! He is only allowed in your business to make repairs, or with reasonable notice, to inspect the property. Otherwise, he should be leaving you alone. If he continues harassing you, your staff or your customers, I suggest you call the police. If you need to deal with the lease/holdover issue, I suggest you speak with an attorney. Good luck!

Being served forclosure papers for a house that i didn't take a loan for!!!Please help!!

This situation is becoming more and more common as time goes on. A little background on why a spouse has to sign the mortgage even if not obligated on the note, and then I will talk about your problem specifically. In Florida, a spouse is always required to sign the mortgage because in Florida, homestead property belongs to the married couple. One cannot convey or encumber the property without the other's consent. When you signed the mortgage, you were simply consenting to your wife...

I have a quitclaim question.

Hello. You need to be careful here. She cannot convey to another party any portion of the property which is covered by the mortgage. Thus, if the piece next door is on the mortgage as collateral (which it sounds like it is), she cannot quitclaim it to someone else. If she does so, her mortgage company has the right to call the entire mortgage due and payable. This is found in paragraph 18 of a standard mortgage, and is entitled "Transfer of Property." YOu say your mom is "letting her...

Is there law re: Null and void lease contract due to "unsuitablity" for it's intended use?

There is plenty of case law out there. You need to look at contracts which are void due to the impossibility of its performance. E g: If a contract is formed between two parties A & B but during the performance of the contract the object of the contract becomes impossible to achieve (due to action by someone or something other than the contracting parties), then the contract cannot be enforced in the court of law and is thus void. Hopefully your lease states the reason or intention for...

Cancel a contract with automatic renewal UNLESS notice is given 60 day notice is given PRIOR to end of term. Can u cxl w/o $fee

It is a little bit difficult to answer your question because it isn't entirely clear what you are asking. However, I can tell you that cancellation of a contract usually depends upon the terms contained in the contract itself. I suggest you ask a lawyer to review it with you to determine what your options are.