Archived
If there's a surplus after a first-mortgage foreclosure, can any of that be used to pay previously unpaid property taxes?
Jose's answer
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Answered on April 04, 2016
No. Only the junior lienholders can make a claim on the surplus, and only if they make it within 60 days. After 60 days, the surplus money goes...
Archived
Should I fight the foreclosure or not?
Jose's answer
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Answered on April 04, 2016
As stated by Attorney Klurfeld, the fight now is not for the unit but to avoid a deficiency judgment. Clients in your same situation don't defend...
Archived
Why is the previous owner being added to the foreclosure suit if he had nothing to do with it?
Jose's answer
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Answered on April 04, 2016
In addition to the reasons stated by my colleagues, another reason to add the previous owner is if the previous owner deeded the property before...
Archived
Looking for an Orlando appellate attorney for foreclosure case
Jose's answer
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Answered on April 03, 2016
We're not supposed to solicit in AVVO, so all I can give you is general advice. You are right. The laws have changed in the last couple of...
Archived
What legal forms do we need?
Who do we record the forms with?
Should all forms be notarized?
Jose's answer
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Answered on April 02, 2016
You need to hire a real estate attorney to do this for you. Unless I am misunderstanding the facts, ALL 5 SIBLINGS need to sign the deed conveying...
Archived
Is this legal? Do I have any recourse? The sale was on 7/3/2012.
Jose's answer
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Answered on April 01, 2016
I agree with my colleagues. You should have raised that issue as an affirmative defense at the moment you became aware of the foreclosure. In my...
Archived
Remove spouse from deed of the house
Jose's answer
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Answered on March 31, 2016
It will depend on whether the first and second deed are defective to convey title. You need to take your deeds to a real estate attorney to...
When do 60 days begin for a 3rd party to enter a claim for surplus of funds:from date of sale or when cert of disbursement issue
Jose's answer
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Answered on March 30, 2016
I respectfully disagree with my colleague. Florida Statute 45.032 regulates the disbursements of surplus finds after a judicial sale. However,...
Archived
Can a potential, would-be, third-party bidder successfully object to a foreclosure sale?
Jose's answer
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Answered on March 29, 2016
Can a third party successfully object like this? No
Does a third-party have any standing to make this objection? No.
From your experiences,...
Archived
Am I obligated to return good faith deposit
Jose's answer
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Answered on March 29, 2016
The contract specifies what are the remedies in the event of a default. If the Buyers did default on the contract, does one of the remedies...
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