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Asked 10 months ago - Ocala, FL
FlagMy husband and I had a foreclosure case filed against us 3 years ago by a well-known bank. The foreclosure was due to unforeseen circumstances in which a drunk driver almost killed my entire family in an accident. My husband endured 2 major surgeries and was out of work for some time. We have not paid a mortgage or lived in the home for 2 years. After the dismissal we tried to short sale and had a contract but the buyers backed out after the bank took so much time. The bank had been taking care of the lawn and now they are not. We are receiving violation notices from the city. A lawyer advised us to file a quiet title motion. We need advice. We have tried to modify and do the right thing from day one but the bank just keeps jerking us around. Any help will be appreciated. Thank u.
Quiet title is probably not the solution, for a variety of reasons, and too complicated to analyze on a web site, and extremely fact-specific. To complicate matters, there are numerous quiet title scams that have popped up in Florida.
You do need an attorney, and probably need to file some kind of lawsuit to resolve this, however the details of what you need to file and what will have the best chances of success will depend on exactly what did and what did not happen.
A dismissal with prejudice means that the lender cannot bring a second action against you that is the same as the first, as opposed to a dismissal without prejudice which simply means that the lender can no longer proceed in the dismissed action but can file a new action against you. I would be surprised that a judge dismissed a case with prejudice for an attorney's failure to appear at a trial.
However, if the action was really dismissed with prejudice, the lender can no longer enforce the note and sue you for collection. However, the mortgage continues to be a lien against the property which prevents you from selling it without the lender's approval.
Why don't you just move back in and take care of the property? Or, if that is not a possibility, why don't you rent it? If the violations that you are getting from the city are not resolved, the violations will result in fines which can result in further liens against the property.
I agree with Ms. Golant - you should really consult with an experienced real estate attorney. He or she can help you develop a strategy to resolve your situation that works best for you.
I agree with both attorneys above. The fact that you have a dismissal with prejudice is a really good thing. If I were you, I would rent out the property and pay for the upkeep from all the rents received. There may be extra income in it for you. Since there is no personal liability to pay any more, then you can keep the money you receive from rent after all expenses are paid on the property.
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