Can the HOA file a judgment to remove a mortgage?

In the current state of the law, with the Bartram case pending in the Florida Supreme Court, this is not an issue that they would succeed with,...

My house is in foreclosure. Will I receive notice of the date the house goes up for auction?

Yes. The final judgment of foreclosure will include the sale date. If you are considering attempting to do anything to save your house or to work...

I feel that your previous answer to the following question was confusing and I am asking that you answer it again, see below

The judgment amount is not added to the bid price. The judgment amount is meaningless to a buyer, other than in those situations where the...

My home is going to be put up on the board for foreclosure on June 23rd. Would it be better for my credit, to try to short sale?

According to Fair Isaac, the creator and owner of the FICO Score model, neither option results in better credit, as both reflect that you did not...

If the Supreme Court supports the concept of subsequent defaults ... won't that defeat all foreclosure defenses ?

Not at all. Actually that result will open up a huge can of worms and create many new defenses. In addition, that result would open the door to...

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Confused about SOL on foreclosures and acceleration of mortgage upon default notification

In almost all cases, the notice of acceleration is really an notice of intention to accelerate in the future. Therefore, that normally does not...

When is the best time to file for Chapter 13 . . before or after foreclosure trial

It would be a serious mistake to wait until after the foreclosure trial, and presumably the entry of judgment at the end of the trial, to file a...

Do I have a defense to the pending foreclosure sale based on the facts below? Thank You!

No. From what you have said, it appears that the original plaintiff has the right to continue with the action or to seek substitution of the...

If you purchase a home through a foreclosure auction, can an HOA withold an estoppel letter and request that you pay membership?

I know of no law or regulation which allows them to do this. What do the association documents say ? Unfortunately, we have seen a tremendous...

If my house that is being foreclosed does not sell on auction day with the courthouse, what happens next?

Normally, it always sells, because the plaintiff is also bidding, typically up to or close to the amount of its judgment. If there are no other...