David Chastain Agee's Answers

My home was foreclosed on by my HOA while i was trying to get a loan modification with the lender. My concerns are

From your question I assume you are not a tenant, but were the Homeowner. 1. If the foreclosure sale was held and a certificate of title issued to the HOA, they can seek to have you removed by the sheriff. This process can take a few months especially if a bankruptcy is filed. 2. If the sale was held and the certificate of title has not yet been issued and you can raise the money identified in the Judgment for Foreclosure, or you can find a person willing to buy the property, you can...

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Foreclosing after Dad Passes?

I am sorry for your loss. It sounds like you are in a difficult situation. If mom stops payment on the promissory note (mortgage payment) , the Bank has a right to foreclose and it has a further right to seek a deficiency judgment under Ch 702 of the Florida Statutes. Since the property is close to being underwater, after a lawsuit is filed and attorney fees and court costs incurred, your mother could owe the bank money. With certain exceptions, the foreclosing bank could garnish (take) non-...

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Can FHA loan have both PMI and MIP?

PMI and MPI are often used interchangably. Technically speaking FHA uses the term MIP or Mortgage Insurance Premium because the premium is not a Private Insurance but 'Government Insurance'. There is a upfront mortgage insurance premium, (UFMIP) and a monthly (MIP). The FHA UFMIP payment is typically 1.75% of the loans prior to October 2010, and between 1.0% and 2.25% for loans after October 2010. FHA also has a monthly PMI or MPI component of betwen .55% and 1.55% of the monthly loan...

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Bought a house through foreclosure sale in Florida county. No lien filed by HOA so not aware of HOA dues owed. Are we liable?

I encourage you to seek a qualified real estate attorney to thoroughly review your situation. There may be defenses to the lien. If you purchased this property from the Lender, you may be in luck, and probably have title insurance that you can rely upon for protection. Now the bad news. It seems more likely that you purchased this property online. An online sale would leave you liable for assessments under most circumstances. I recommend that you consult Florida Statutes Chapter 720....

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Wife is not on Note but is on Deed. Is she financially responsible?

If your daughter is not on the promissory note, and did not sign a personal guaranty, then she has no legal liability under the promissory note. If the property goes to foreclosure, she will be named in any lawsuit to foreclose because as a deed holder the Bank will need to clear her name off of the real property chain of title (real property records). She will not be liable for a deficiency judgment, although it would be wise to retain an attorney if she is sued to ensure that her rights...

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Should my 79 yr old father put his home is a trust?

You raise some very good questions. The best suggestion would be to have your parents speak to a Florida Licensed attorney at their earliest convenience. A trust may not be necessary for their particular situation and a face to face meeting with an attorney will better resolve your parents’ questions. For many people in your parents’ situation, a trust may be entirely unnecessary and could cause more harm than good. You would have to take into account the affect a transfer could have on...

I found a beautiful townhouse that I would like to rent when my lease is up at the end of the month, but the owner insists in

The owner can insist on those terms. In this market, it is probably wise to have an attorney review the lease to insert provisions to protect your money. This information is provided as general information and should not be construed or relied upon legal advice or an attorney client relationship.

I am inheriting a manufactured home in Florida that is upside down on its mortgage. I want to repudiate the inheritance.

To repudiate the inheritance you would execute a disclaimer as provided for under Florida Law.Under federal law, you have a limited to to execute a disclaimer and therefore, you should move promptly to disclaim if that is your desire. I would recommend you speak to a qualified probate attorney. If the only reason you are looking to repudiate the property is its 'high mortgage balance', you might also consider short sale as an alternative.

I am inheriting a manufactured home in Florida that is upside down on its mortgage. I want to repudiate the inheritance.

To repudiate the inheritance you would execute a disclaimer as provided for under Florida Law.Under federal law, you have a limited to to execute a disclaimer and therefore, you should move promptly to disclaim if that is your desire. I would recommend you speak to a qualified probate attorney. If the only reason you are looking to repudiate the property is its 'high mortgage balance', you might also consider short sale as an alternative.

Can i submit a health care bill to estate after death

Assuming it has been less than two years since the death of the person you were caring for, you can seek to recover. If the person died in the last few months, and a probate has not been opened, you you can file a Caveat with the clerk of court which would provide you notice when and IF the estate is ever opened. If a probate is not opened for two years after death, all claims against the estate are void under most circumstances. If a probate proceeding has been opened, you have a...