What should I do to avoid losing home.: My homes owner financed since 2018. Deed is in my name. The owner previously left state of Florida to avoid restitution. (Unknown why). She claims shes a sovereign citizen. She had power of attorney set up to pay. Now she no longer wants that and wants us to forward the home insurance additional interest to some shipping company in Miami. So if whatever she's avoiding here can they levy my home to pay her debts? And can I lose my home because of this situation. There's only I mortgage note filed through the courts.
Margery’s answer: in order to adequately respond to your question, you will need to ask an attorney to review the mortgage loan documents and whatever communication it is that you’ve referenced here that you received. Please don’t wait.
Ok: How can they foreclose an sale my house an never served me foreclosure papers in told them the judge kindly thought it was funny an I had medical issues along with a stroke I completely don't understand what went on I'm still in distress over this
Margery’s answer: The answer to your question will depend on the specific details of your case. Please consult an attorney for a case-specific consultation, that attorney should be able to review the record in your case in order to see what options there may be as to what can be done.
In mortgage note or mortgage deed doesnt state anything about home insurance am I in default: My homes owner financed. The mortgae note and mortgage deed does not state anything about having insurance or her being listed as an additional interest so when started a policy they did not add her since it was not stated with what was filed with the court. She is claiming we are in default of the agreement. What should I do or am I in default since nothing was stated she had to be on it
Margery’s answer: Typical mortgage documents with institutional lenders contain obligations by borrowers to insure the property and to include the creditor as an additional insured. This is normally enforced at closing of the loan, where the Borrower is required to provide documentation of the insurance and of the included insureds. So, when that language is present, a failure by the borrower to comply is a default by the borrower. However, if there is no agreement where the Borrower took on an obligation to include an interested party as an additional insured, it does not seem that there is a basis to contend there is a default. However, you should consult an experienced foreclosure defense litigation attorney to review all of your documentation to ascertain whether there is something there that the private lender could rely on to create a problem and to represent you if the creditor attempts legal action. It is also possible to add her now, if you want to, do-able with by a call to your insurance agent.