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I have a scenario. the lien holder on a house I own is trying to foreclose the 2nd mortgage, not the first (same lender tho). Upon reviewing the complaint I noticed that the documents do not say how many payments I've missed and also the mortgage ...
Witnesses are not required on mortgages in Florida.
For that matter, neither is a notarization - except the recording statute says that the mortgage cannot be recorded without a notarization. Without the recording, the mortgage does not become a lien on the house (which is precisely what it is supposed to do) and therefore no foreclosure can occur.
See an attorney to determine what position you may be in. There could be equitable lien arguments the lender can make regarding the property.See question
Marital home has a Judgement Lien for $110,000. If the home is awarded to my spouse I will loose my Homestead Exp. If I am awarded an unequitable distribution will I loose it to the Judgement? How do I protect my part of the asset?
All the answers are correct. But I am going to correct a technicality. Even if you are still married, there CAN be a judgment lien on the home. What the constitutional homestead law (not the real estate tax homestead law - which is a different law and has nothing to do with judgments) says is that no judgment lien may be ENFORCED as long as the home is protected by the constitutional homestead law.
Seek out the advice of an attorney on how after the divorce, with you both owning as tenants in common one-half of the property, the home may still be or not be protected.See question
My father owned a property with his ex-wife. When they had separated the house then was put solely in his name and his ex-wife then signed a quit claim deed. To my understanding by what he told me what that she is not entitled to anything further ...
Quite a complicated set of facts.
Once the divorce was finalized, the account at the bank became owned by the former spouses 50/50 as tenants in common, meaning they each owned half of the money.
How this plays out with the bank's account agreement would need to be investigated.
The personal representative of your father's estate is the one that has authority to look at the account, without a lawsuit. But you need the court to appoint the personal representative, which means you have to probate the estate. That would appear to be the first step.
If there is a depletion of funds after the deposit and it was not by your father, then you have a basis to pursue the former spouse, assuming there is no basis in their divorce or other written agreement allowing her to claim any part of the house sale proceeds.
You definitely need to spread this out before an attorney to have him/her better understand the matter and advise you. Likely both a probate specialist or real estate attorney should be able to advise you properly.See question
My foreclosure case was dismissed with prejudice backin 2013 and my attorneys fees over $66,000 plus has not been paid. My loan has been sold 3 times since the case was dismissed and from what my attorneys told me the banks are claiming they are n...
There is reason to be concerned. You say you did not get paid your attorney fees. This begs the question whether your attorney TIMELY filed for attorney fees, which had to be done within 30 days of the dismissal of the previous case.
The attorney fees is a two step process. The first step is to timely file for ENTITLEMENT to attorney fees. Once that is filed the entitlement motion should be heard by the court and the RIGHT to get attorney fees determined as yes or no. If yes, then step two is a hearing before the judge on the amount of the attorney fees. I can't imagine that for 4 years no entitlement hearing has occurred so my guess is that your attorney did not timely file for attorney fees.
IF there were a judgment for attorney fees against the lender, then before they could refile their case they would need to pay the attorney fees AND the costs from the earlier case. The costs is a slightly separate issue and I leave that up to another attorney on AVVO to address that aspect for you.See question
How are rules different in a short sale
The rules are not different - it is a contract.
But you don't say if you are the buyer or the seller. Who you are in the transaction will make a difference in the outcome.
Our HOA and the bank have a lien on the same home. The bank forecloses and takes possession of the title through the court house auction. 1. Can the HOA now exercise its lien to foreclose on the bank? 2. Does the HOA lien continue to encumbered...
If properly named in the foreclosure, the HOA was foreclosed as to its then current lien.
If the bank, after the issuance of the certificate of title fails to pay the association its safe harbor portion of the unpaid assessments, and/or fails to pay the ongoing assessments, then the HOA would have the ability to lien the property now owned by the bank and foreclose on that lien just as if the bank were a regular homeowner.See question
Tenant left middle of the lease. I have taken possession and intend to show the property and charge tenant for remaining months where I can't find a new tenant. Can I send them the letter now advising that I wish to take security deposit or must I...
Mr. Fucillio hit the nail on the head. The statute on security deposits is strictly construed and if you do not make the proper and timely demand upon the tenant, even if you absolutely are in the right to get the security deposit, you will lose and have to pay the tenant his attorney fees. In fact there are contingent fee attorneys and this is all they do for tenants against unsuspecting landlords.
Whether the security deposit can be used for rent is another issue - one that you need to look to the lease for guidance.
And when the tenancy ended is another issue, which starts the statutory clock on the landlord notice timeline. If you have possession of the property and are re-letting it, that time clock has indeed started.See question
My fiance and I have our names on the deed which her name is on the loan and she wants to remove my name off of the deed without my consent. Can she do it.
If she forged your name and got two witnesses and a notary to acknowledge it, yes. That would then be four people that are part of the forgery. Or she could have someone pose as you and have a phony drivers license and then the notary and witnesses would be innocent. But she would still be committing a crime. What she can do is have the court partition the property and you could lose your interest that way.See question
I will keep this brief for now. Basically an unauthorized wire hit my business LLC account, which is wholly owned by another LLC. Chase let it hit after halting it, as they deemed it suspicious. Then it was deemed fraud, unbenowst to me. The FBI h...
Apparently, YOU want to sue.
Your question I think was what attorney wants to take the case.
The first question should be how were you damaged? And were you damaged at all.
If you can come up with some real quantifiable damages, then you have something to discuss with an attorney.See question
I'm the only one making payments to the mortgage but the mortgage in under that person and not me. Now he files a bankruptcy. How that is going to affect me? We are both in the title as joint tenants.
Sounds like you came on title after the mortgage.
The property is still subject to the mortgage and your co-owner is still on title. It may be that your bankrupt owner could lose his/her interest in the property in a liquidation, if there is equity in the property.
This is potentially a problem for you if that happens. You need to seek some legal advice from an attorney to whom you fully explain your problem.See question