Sarasota Real Estate Attorney.
Generally speaking, the determination of a property's homestead status is made based on a "facts and circumstances" test, not necessarily on whether or not you have filed for the homestead exemption with the Property Appraiser. Bottom line - if you move to your Florida property and intend it to be your homestead, it is. Someone may require you to prove that it is your homestead and as such, you should be ready by obtaining a Florida Driver's license registered to your Florida property address,...
Selected as best answer
Generally, in a mortgage foreclosure action, lender's counsel takes a "shot-gun" approach when identifying defendants. They want to be sure that they name everyone who could possibly have any interest in the property as a defendant in the action. You were named as a defendant because you were an owner of the property. If you are no longer in title to the property and are not on the note, I would recommend that you respond to the summons that you no longer have an interest in the property...
Selected as best answer
Unfortunately, if the association completed its foreclosure and you did not redeem the property within 10 days after entry of the judgment, there is not much you can do unless there was fraud in the foreclosure process.
Selected as best answer
A lease exceeding 1 year (1 year and 1 day or longer) must be signed in the presence of 2 witnesses.
2 lawyers agreed with this answer
You can always purchase a property for cash, that is, assuming that you have enough saved to purchase a home. It is unlikely that your husband will qualify for conventional financing since your foreclosure was completed just over a year ago. Since you were not on the note, the foreclosure should not have been reported on your credit report. Thus, if you have sufficient income and otherwise good credit, you may be able to qualify for conventional financing.
2 lawyers agreed with this answer
A lis pendens is simply a notice recorded in the Clerk's official property records giving the general public notice that a lawsuit regarding a particular property has been filed. When a foreclosure action is filed, the paperwork is in the Clerk's civil court records and would otherwise not be shown in the official property records if a lis pendens was also not recorded. In your case, the owner of the loan probably named your husband by name and named you as an "unknown spouse." However,...
2 lawyers agreed with this answer
Unfortunately, you did not include enough information in your question. However, depending on the form of the short sale addendum attached to your contract, typically, your only recourse in these circumstances is to receive a return of your deposit. A true "short sale approval" is not only one approved by the bank but by the seller as well. Depending on the terms of the bank's short sale approval, it may or may not include a waiver of deficiency and may or may not require the seller to...
2 lawyers agreed with this answer
Generally speaking, the second mortgage holder can sue you for the entire unpaid balance on the second mortgage note. However, depending on who your second mortgage holder is, you may be able to negotiate a complete release of the lien and the deficiency and bring finality to your liability under the second mortgage. It will be important that you consult with a real estate attorney experienced in negotiating short sale approvals. Be sure that your second mortgage holder approves the short...
2 lawyers agreed with this answer
A dismissal with prejudice means that the lender cannot bring a second action against you that is the same as the first, as opposed to a dismissal without prejudice which simply means that the lender can no longer proceed in the dismissed action but can file a new action against you. I would be surprised that a judge dismissed a case with prejudice for an attorney's failure to appear at a trial. However, if the action was really dismissed with prejudice, the lender can no longer enforce...
2 lawyers agreed with this answer
Perhaps there are some facts that are necessary to support your financial advisor's advice to you to move or sell now, but based on the limited amount of information in your question, I agree with Mr. Roberts - why would you move now? Please follow the link to a page from our Firm's website for more information on performing a short sale after Chapter 7 discharge. http://www.foreclosurelawyersarasotafl.com/Foreclosure-Defense/Short-Sale/Chapter-7-Short-Sale.aspx
2 lawyers agreed with this answer
