Archived
What is the statue of limitations on a foreclosure action in Florida if you have not made a payment in 5 years?
Sheryl's answer
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Answered on August 29, 2013
I agree with Attorney Polani - in your case, if the acceleration of the debt occurred with the filing of the first complaint in April 2008, the 5...
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Archived
As a 3rd party winning bidder, am I responsible to pay the HOA charges acquired by previous owner as: interest, violations, etc
Sheryl's answer
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Answered on August 29, 2013
Section 718.116 provides for a 1 year limitation on past due association dues in a foreclosure or deed in lieu of foreclosure only to the first...
Archived
I was just served a summons for foreclosure action and I need to file an answer within 30 days. Do I need a lawyer yet
Sheryl's answer
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Answered on August 28, 2013
Every time I go to court on a foreclosure matter, I see borrowers who try to represent themselves and make mistakes and omissions that, if done...
Archived
Do banks have to follow the new FL one year limit for deficiency judgments in foreclosure cases prior to the June 2013 law?
Sheryl's answer
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Answered on August 27, 2013
As a result of the enactment of the Florida Fair Foreclosure Act, Section 95.11, Florida Statutes has been amended to shorten the statute of...
Archived
Do I need to hire an attorney to do an "uncontested" foreclosure to prevent a deficiency judgement on underwater rental.
Sheryl's answer
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Answered on August 22, 2013
I agree with Ms. Golant - if you want to avoid a deficiency judgment, you need to contest your foreclosure and potentially sell the property at...
Archived
Is my mortgage note validly endorsed?
Sheryl's answer
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Answered on August 21, 2013
Attorney Golant is correct - you have described a blank endorsement. Many, if not most promissory notes are transferred by blank endorsement. The...
Can I file a Motion to Cancel and Reschedule a Foreclosure Sale?
Sheryl's answer
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Answered on August 19, 2013
You should have a Motion to Cancel the Foreclosure Sale filed immediately. It is improper under the terms of the Attorney General Settlement for...
Archived
Where do I stand after I bought a lien on a property from the association then a first holder forecloses?
Sheryl's answer
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Answered on August 19, 2013
Unfortunately, the first lienholder has priority and can complete its foreclosure and take ownership of the property at the foreclosure sale. The...
Archived
Upside Down Rental Property Options
Sheryl's answer
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Answered on August 13, 2013
Many property owners such as yourself have disposed of underwater real estate through a short sale. Doing nothing and simply walking away is...
Archived
What will be the bank's recourse against the homeowner after foreclosure dismissed?
Sheryl's answer
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Answered on July 25, 2013
In Florida, an action to collect on a promissory note and an action to foreclosure a mortgage must be filed within 5 years after the mortgage debt...
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