Foreclosure sale date and selling the property ?:
I have a foreclosure sale date set in December 2021
I have a buyer who is willing to purchase the property and is in the process of applying for a loan Lender is asking for a document which shows the loan is current .
Best way to deal with this situation ?
Can lender generally refuse the loan to buyer who has no part in it ?
Richard’s answer: If you are going to get a deal done by December... it is time to look for a cash buyer or at least get a cash buyer as a back-up. If the total amount of the judgment with all included interest, escrows, and attorney's fees is more than what your buyer wants to pay, then you are looking at a short sale. Your lender and the lawyer for your lender will take any offer on your home more seriously if it is a cash offer.
Can I be sent to collections and sued for a debt that was a product of false advertising?: I signed up for a one year $700/month real estate lead generation service contract after verbally being given very specific promises about the service I was paying for. Everything I was told about the service was a lie, as I found out after paying for the first month. This company has hundreds of BBB complaints all alleging the same issue with other customers. I believe I have been deceived into signing due to false advertising, which is illegal to my knowledge. I canceled my credit card, filed an FTC complaint, contacted my bank, and told the company they blatantly mislead me. They are threatening to send me to collections for the remaining 11 months of the contract and I don’t know what to do. Am I obligated to pay this since it may have been an illegal act by the company? For example, I was told that all leads would come from my zip code and many of them did not even come from my same state! I was also told that I would receive minimum 20 full leads each month and I did not. I live in Florida and the company is in Arizona.
Richard’s answer: They could sue you but if they did you would have potential defenses and counter claims if you could prove that this company breached it contract with you by failing to give you what you were promised or that they fraudulently induced you into the contract. While you wait to see if they do sue you, you should order a free copy of your credit report (you can get your credit report once per year for free). Are they reporting the subejct debt. If you have disputed the debt they are required to report the debt as a disputed debt and you may have additional claims against them if they are not reporting the debt as a disputed debt.
I am at least 6 months behind on the mortgage should I retain open sky legal services or go with local firm in Tampa Florida?: I am at least six months behin3 on mortgage and now the bank is wanting to take the house what is the best thing to do?
Richard’s answer: You should NEVER, ever hire a lawyer who is not a member of the Florida Bar to handle a legal matter in Florida. What do you think Open Sky is going to do. They cannot appear in Florida unless they are a member of the Florida Bar. Perhaps they might hire a lawyer in Florida, (unlikely) and then you have a lawyer who has never met you, who you are not paying directly, and who is concened about making Open Sky and not you happy. I have seen many foreclosure Defendants who hired companies in California to save their homes. Just as California had boiler rooms to sell sub-prime refinances, it also has similar con-artists making big promises to distressed homeowners (this is a comment about California companies trying to save homes in other states and is not specifically addressed to Open Sky. While I do not take foreclosure casees on the West Coast, I know firsthand of several great attorney in Tampa that defend foreclosures.