Andrew March Lyons’s Answers

Andrew March Lyons

New Port Richey Foreclosure Attorney.

Contributor Level 8
  1. What does a quit claim deed convey as far as ownership rights?

    Answered over 1 year ago.

    1. Marshall C Deason Jr.
    2. Andrew March Lyons
    3. Heather Morcroft
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    I agree with all the other attorneys who suggested that you seek the advice of a Missouri attorney here. However, if the quit claim deed was signed, delivered, and possibly even recorded prior to your ex-spouse's demise, then your son owns whatever interest your ex-spouse had in the property at the time the quit claim deed was signed and delivered, and hopefully recorded. This would mean that there is nothing your son need do, as he owned your ex-spouse's share as soon as the deed was signed....

    8 lawyers agreed with this answer

  2. Who gets the rent and the keys?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Rex Edward Russo
    3. Sergio Cabanas
    4. Omaida Delgado
    5. Carol Lynne Zimmerly
    5 lawyer answers

    if the HOA was the successful bidder at the foreclosure sale, then they will be the new owner 10 days after the sale. Technically, the landlord may still be the owner, but not for long in all probability. The landlord also must start an eviction action against you with the posting of a 3 or 7 day notice, depending, but that process will also probably take longer then that 10 day period before the HOA becomes the new owner. You should contact the HOA to see if you can rent it from them, as...

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  3. In the state of florida. can a judge ruled in favor of the bank if they cannot produce the mortgage note

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Natalie F Guerra-Valdes
    3. Jeffrey B. Lampert
    4. Michael Patrick Fuino
    4 lawyer answers

    The bank can re-establish a lost or destroyed promissory note as part of the foreclosure lawsuit, but that must be plead properly in the complaint and must meet certain statutory requirements. However, it is a fairly common practice for the banks to do this. That being said, the bank must still prove, at trial, that the original note was in their possession at the time it was lost or destroyed, and I have found that the person produced by the Plaintiff at trial may not have the requisite...

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  4. Can foreclosure be stopped on an SOL on my home?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Margery Ellen Golant
    2 lawyer answers

    It may be that you can file a quiet title action to remove the lien from the property, but the statute of limitations is 5 years from date of acceleration, which is usually the date the first lawsuit was filed. You really should consult an attorney here, as there is also a 120 day time limit on the bank's ability to serve you, unless they have received permission from the Court to extend that time.

    4 lawyers agreed with this answer

  5. Can they substitute serve a tenant for the landlords foreclosure papers then file a motion for default when the landlord does no

    Answered over 1 year ago.

    1. William W. Gwaltney
    2. Andrew March Lyons
    3. Robert David Devin
    3 lawyer answers

    You may be able to defend the foreclosure action and stay in the property for no rent, or reduced rent, given the circumstances. I often approach landlords on behalf of tenants, while defending the foreclosure action for the tenant. This allows the tenant to know exactly what is happening with the case, and not worry about being kicked out of the property with little notice. There are options for you, and I recommend you have a foreclosure defense attorney look at the papers you were served...

    4 lawyers agreed with this answer

  6. What is Foreclosure Mediation?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Leonore M. Greller
    3. Preston Hall Oughton
    4. Andre Keith Sanders
    4 lawyer answers

    A mediation is a meeting of all parties, with a mediator, and the attempt is to settle the case. Typically, I sue the mediation as a way to get a loan modification for my clients. Most of the time, my clients owe more on the home than it is worth, so yes, they are upside down. The modification seems to depend more upon your financial status than the value of the home or what you owe. An experienced attorney will know exactly how to handle this situation, as I have an entire division of my...

    4 lawyers agreed with this answer

  7. If I buy a foreclosure at a Palm Beach County, Fl auction, are all liens, encumbrances or defects in title extinguished?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Ryan M. Layton
    3. Jeffrey B. Lampert
    3 lawyer answers

    Not necessarily! Be very careful here, as I have had many clients come to me after purchasing a property at foreclosure sale, only to find that all liens have not been extinguished. It is VERY important to get a full foreclosure property search performed before you buy anything. It would be meaningful to go over that search with an attorney also, as some issues are more concerning than others.

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  8. What happens when a default has been entered against the banks attorneys during a Florida foreclosure ?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Ryan Sanford Grazi
    2 lawyer answers

    It depends upon the type of property. Commercial prop has an Order to show cause procedure that is tougher to overcome than residential. but the "default" as you call it, may pertain to the discovery. Perhaps there is something the bank does not want you to see...?? I would have to take a look at the file and the dockets to be able to give you a better idea of the status of the case, but from a procedural perspective, this could be very useful in defending the foreclosure case. Please feel...

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  9. If you received a 1099 after foreclosure, can this be a guarantee that the lender will not pursue deficiency judgment?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Omaida Delgado
    2 lawyer answers

    Simply because the lender issued a 1099, does not mean that they cannot come after the deficiency. Often, they sell the debt to another company, for pennies on the dollar, but that new company has the right to collect the entire deficiency, regardless of what they paid for the debt. However, you may not hear anything at all about it. It depends upon what the lender did with the debt after they issued the 1099.

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  10. What is the likelihood of deficiency judgments? What is the timeline for the judgments? What are my options?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Tyler Daniel Brown
    2 lawyer answers

    The bank has five years from the date of the foreclosure sale to take the deficiency judgment if they are going to take one at all. You may just have to wait and see. However, if the bank does take the deficiency judgment, you may be "judgment proof" for the time being, but once judgments are recorded, they can last for as long as 20 years. Usually, my clients do one of three things if the bank takes the deficiency - 1) Do nothing, and just let the judgment sit and fight any attempts at...

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