How can I stop a foreclosure when I acquired title to the house sale after a final judgment was entered in favor of the bank: I have title to a home purchased at a HOA auction. A bank filed a lawsuit to foreclose and obtained a default Final Judgment (against the previous owner) before I purchased the house. There has been no sale yet, but one is set to happen very soon. I have evidence that the bank had no standing to sue, used fraudulent documents in support, and does not own the promissory note. Is there a way I can intervene in the action? In the alternative, if I were to start a Quiet Title action, would that defeat the bank's claim and stop the sale?
Edward’s answer: I have seen your situation before while I was representing lending institutions. Were you represented by counsel when you purchased the property at the HOA sale? The previous answer are 100% correct in that you purchase the property subject to the purchase money mortgage. Find out if the bank's mortgage was a purchase money mortgage or a line of credit mortgage. I suggest you speak with a qualified foreclosure attorney in your area immediately.
What If i answer my HOA's summons within required 20 days and I recieve a notice of default on the 21st day by HOA's attorney: I answered my HOA's summons and stamped it at the courthouse on the 20th day)( last day to answer on time, but the the HOA's attorney rushed to judgement and sent me a notice of default on the 21st day before they received my stampedl copy by mail. Are they at fault and what are the consequences for the HOA attorney recording a false default?
Edward’s answer: I agree with the previous answer. What seems a bit odd is that you actually filed the Answer at the court house and, presumably, the clerk file stamped the Answer. If I am reading your question correctly and the HOA actually obtained a Default and sent you notice of the same, usually, that would have been precluded due to the fact that the clerk would have noticed the filed Answer. What may have occurred is that the HOA did not actually obtain a default but rather filed a Motion for Default. In this situation, the clerk will either deny the Motion or you can contact the HOA attorney and request that they voluntarily withdraw the Motion. I strongly suggest that you speak with an attorney immediately to ensure that you do not waive any possible defenses to the underlying action. Best of luck to you.
I have been sereved a foreclosure notice. How do I draft an answer to the court?: I went to the law library at the Pasco County courthouse but could find nothing
Edward’s answer: A properly drafted Answer is one of the most important aspects of the foreclosure process and, more often than not, should only be attempted by a qualified attorney. Foreclosure law is very technical in Florida and the opportunity for a pro se litigant to "miss" something is great. For example, some individuals can raise a myriad of reasons to dismiss the complaint outright. Also, with the Answer goes the Defendant's affirmative defenses which, if not raised, may be deemed waived. As such, I strongly recommend that you seek out legal counsel immediately.