I have a property that was foreclosed in Florida, The time line goes like this. It had a First and a second. The second was closed by dismissal according to county clerk website Disposition date 09/10/2008. On the First loan:
1. Sometime in 2006 I stopped making payments
2. Summary final Judgment took place on 12/17/2008
3. Notice for sale file 12/18/2008 then Motion resetting rescheduling 03/23/2009 order to cancel sale 04/29/2009
4. 03/24/2009 Notice for Sale again. Order to cancel 04/24/2009 then 12/03/2010 an administrative reclose
5. The Volusia County Appraiser Office shows the property listed under someone else other than me. It also shows a 04/2010 Tax Deed Unqualified Sale on the property.
The bank never got the foreclosure done. Then Taxes unpaid Property sold at auction.
The Statute of Limitations runs from the date of the foreclosure judgment. So, based on the information you supplied, the deficiency claimant would have until December 2013. The other details you mention could provide a foundation for some interesting defense issues when the creditor proceeds on the deficiency claim.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
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Criminal Defense Attorney
This case presents a very unique and rarely seen issue. Does the issuance of a tax deed wipe out the existing mortgage? Also, could this homowner get the home back by paying the person who purchased the tax deed within 3 years? That way, you get your home back without a mortgage. The bank may really have messed up here. Consult an attorney in your area to get answers to these questions.
1 lawyer agrees