The house was foreclosed on, the bank paid me to leave. How long is this with me? Can the bank come back and try to get money from me or garnish wages? Can I ever buy again. My financial situation a year later is no better and probably will not ...
If the bank paid you to leave, then odds are they obtained title to the home by agreement. The specifics of that agreement will need to be looked at to advise you much further.
Regarding a home that you inherit. If it is in Florida, and it ends up being your homestead, then under most circumstances the home will be exempt from your creditors, including the bank that foreclosed on your home.See question
I have an Attorney (sorry to say this) that I have made payments to on a balance and have never missed a payment. He literally has been harassing me for years. I am disabled and pay as much as I can. He has even threatened to sue my Mother, I'm 53...
The Florida Consumer Collection Protection Act covers first party collectors of a consumer debt. A copy of the Act can be found Here:
If you think this person has violated any of the provisions in 559.72, you should contact an attorney that practices in this area, most of the time there will be no fee unless you prevail.
Best of luck,
I live in Florida, my spouse passed away 2 yrs ago. We have a joint 1st mortgage and he is the only one on the second mortgage. I am on the deed. i currently have no income and am waiting to hear back on getting social security. My children have b...
The Bank can come after the house to be made whole on their loan. You should speak to an attorney regarding your goals pertaining to the house and financial future. Even if you qualified for a refinance it may not be the best choice for your to make.
filed affadavit opposing summary judgement, trying to work out mod,, have 4 other mods completed,,, BOA, SUNTRUST, WACHOVIA, Wells fargo denied mod, wrote appeal letter, now have court tmwr for " notice of cause at issue" I stated in previous res...
If you have a hearing on the Notice of Cause at Issue, then the court will probably set a trial date. Advise the court of all your efforts and see if it will discuss your appeal letter with you. It isn't a hearing where the merits of the case will be discussed. Basically one of the parties of the suit is telling the court that there are no outstanding issues and that the cause should be set for trial.See question
I declared bankruptcy in Jan 2012 and was discharged off the loan. I do not want the house, I can't afford it even at a modified rate. The house is upside down in value by half. I am divorced and my ex also is on the mortgage. I was given the hous...
The bank wants to foreclose on your interest in the house and be able to get title to it so they can sell it or have it sold at a foreclosure sale. If the house was properly surrendered and properly discharged in the bankruptcy then you will not be responsible for any extra debt owed on the house. An experienced foreclosure attorney can help you respond and make sure that a monetary judgment is not ordered against you. You respond by filing an answer or a motion to dismiss with the clerk of court where the complaint has been filed. A foreclosure attorney should help you with this as well. Most foreclosure attorneys, like myself offer free consultations.
Your ex should be included in the foreclosure as well.
I hope this helps.
If you already have owned the property for about 5 years and then borrow from a bank and a mortgage is drawn up, is this a 1st or 2nd mortgage in the State of Florida?
I agree with Ms. Golant. It is a First Mortgage.See question
My bank offered a modification that I completed successfully 2 times, making each and every payment on time every time. They denied my request for a 3rd modification and would not make either the first or the second permanent. After they told me...
Please see an attorney immediately! If what you are saying is true, there are multiple violations of the law.See question
We have not heard from a banking institution for 4 years and have no idea who even has the home loan...not what?
At this point you should look at the public docket to see if there has been any record activity. You can go to www.pinellasclerk.org and click on the search court records tab on the left hand side. Then search by your name.
Eventually your mortgage and loan will make it to a law firm that will file a lis pendens and a foreclosure law suit on behalf of whatever servicer claims to have rights to it at that time. It is then that you will want to consult a foreclosure attorney in the area to discuss your rights, your goals, and how to proceed.
In the event that you wish to pay off the loan, you will need to investigate to determine what company owns your note and what servicer is assigned to it. Most attorneys familiar in this practice area will be able to help you find that information.See question
If you are on DUI probation and it is your first DUI with no enhancement's, were put on probation, and violated probation by driving while license suspended, then the max jail time is 180 days. Many assumptions were put into my answer. Contact a competent criminal defense attorney if you are facing such a violation. Good luckSee question
County records indicate a lis pendens was filed 3/22/12. Process Server has not caught me at home yet. I went through Ch 7 bankruptcy. I am receiving $ in 4-8 wks for the investigation of the OCC & Fed Reserve (don't know how much). If process...
You should have at least 6 months to vacate, that is, of course, an assumption just based on my experience practicing here in Pasco. You could very well have more time before you need to move out. If you are not served with process, the plaintiff will serve you by publication as indicated, of course this will take a decent amount of time, once service is perfected, they will be able to move to Summary Judgment, and, if you do not defend yourself, cruise on to a sale date. You should receive all the notices regarding important court dates in the mail, yes. Hiring an attorney may amount to you having more time in the home and you will have a better idea of the timeline as the litigation proceeds.
Call my office if you would like more information.