We have been living in our home underwater for 41/2 to 5 years without making payment.

Asked over 1 year ago - Port Saint Lucie, FL

No word from the bank about mortification. We just received a notice saying they have dropped the unknown spouses . Does this mean they are getting ready to foreclose again for the 5th time.

Attorney answers (4)

  1. Tyler Daniel Brown

    Contributor Level 8


    Lawyers agree

    Answered . If they're dropping parties it means there has been a foreclosure suit filed that is currently pending. On the notice of dropping the unknown spouse should be a case number. Look up that case number on your county's clerk website to see your case. You should consult a foreclosure attorney in your area for representation in order to achieve your goals during this foreclosure.

    The advice above is not intended to be legal advice
  2. Gregory Michael Nordt

    Contributor Level 6

    Answered . They're probably not foreclosing "again," but they may be finally attempting to take the property from you.
    I agree with the other answer that you should check the case status on St. Lucie county's website, but I must tell you, St. Lucie's online clerk is a little complex and doesn't always reflect all of the case details.

    Are your intentions to get a loan modification and stay in the home? Or are you looking to eventually let go of the property or give it back to the bank?

    My firm helps with both situations.
    Most of my peers here offer free consultations, and I recommend you speak with an attorney to discuss what's going on with your case.

    This is not designed to be construed as legal advice.
  3. Natalie F Guerra-Valdes

    Contributor Level 13

    Answered . The bank is probably gearing up to proceed on a motion for summary judgment. I recommend that you retain an attorney to help you defend the action and help you with loss mitigation. Many attorneys on here, including myself, offer free initial consultations.

    Natalie Guerra-Valdes

    The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The... more
  4. Glenn R Reiser


    Contributor Level 10

    Answered . Congratulations - all kidding aside. If someone were to offer me free rent for 4 1/2 to 5 years I would take it in a heartbeat. I agree with one of the other postings here. There is likely 1 pending foreclosure case in which the bank is cleaning up in preparation to apply for entry of final judgment. There is no point trying to save a house that is underwater. Continue living rent free for as long as possible. Set aside the payments you would be making so that you have a nest egg to pay for movers and rental charges in your new place when you're forced to move out. Good luck!

    This answer does not constitute specific legal advice or create an attorney-client relationship between Glenn R.... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

30,990 answers this week

3,279 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,990 answers this week

3,279 attorneys answering