At the Foreclosure Trial, if a Bank has no Proper Ownership to Foreclose Can They Proceed With the Foreclosure?
Foreclosure can be a puzzling and overwhelming process that often leaves homeowners in a daze. If you’re wondering whether your bank has the legal right to foreclose on your home, you are not alone. Due to mortgage lenders’ routine practice of selling or reassigning servicing rights, homeowners are ...
Once a Foreclosure is Filed, How Long Does a Lender Have to Complete it Before it Expires?
Unfortunately, foreclosures happen more often than we would like. The consequences of a foreclosure are tough, and even people who think they have it all together have a chance to fall into a hard time. There are a lot of questions swirling about foreclosures, so here is the answer to this one: once ...
Can a Law Firm or Lawyer Tell a Homeowner That They Can and Will Get a Loan Modification?
Many lawyers agree that is improper and unethical for a law firm or lawyer to guarantee results in any case and to tell a homeowner that they can and will get a loan modification. If a lawyer is guaranteeing you that they will get you a loan modification, run the other way. If this is the case it is ...
If an HOA Has Filed for a Default Motion in a Foreclosure Case to Quickly Take Your Home, What Can You do to Stop Them?
One party can request a default motion if the other party has failed to file or serve any documents within the 20 days after the date the petition was serviced. A motion for default will allow you to have an earlier final hearing to help finish your case. If your HOA has filed for a default motion i ...
If You're Not Interested in Keeping a Condo and You're Current on Payments, What Options Do You Have??
For many property owners with a mortgage in negative equity, letting the home fall into foreclosure may seem like their only choice. But if you’re struggling to keep up with mortgage payments on a home that is worth less than what you owe, it’s important to know that you do have other options. Here ...
What Happens if There is a Surplus of Proceeds From a Foreclosure Sale
Surplus proceeds refer to the extra money that remains after a foreclosure sale once all the debts secured by the property have been paid off. This situation can arise when the foreclosure sale price exceeds the total amount owed on the property. According to Florida Statutes 45.032 and 45.033, the ...
What is a Defective 3 Day Notice?
Per Florida law, property-owners must give tenants notice to vacate before carrying out an eviction. In Florida, the three-day Notice is the most commonly applied method of serving formal notice to evict when tenants have defaulted on their rent and Florida statute provides a strict format for what ...
Can a Landlord Alter a Lease Before it Expires?
Florida law dictates that your landlord cannot alter your lease before it expires without a valid reason. Your lease is a legal, binding contract and save for special circumstances, if that contract is valid and has not expired, your landlord generally cannot force you to sign an agreement changing ...
Can a Title Company Refuse to Release Funds if You have a Cancellation of Contract Signed by Both the Buyer and Seller?
Updated: 6/2/23 In the context of real estate transactions, a title company plays a crucial role, particularly in handling escrow. When a buyer makes a purchase offer, they are often expected to include an earnest money deposit. This deposit serves as a demonstration of the buyer's serious i ...
Does a Quitclaim Deed Have to be Recorded to be Valid in the State of Florida?
As far as real estate transactions go, quitclaim deeds play a pivotal role, especially when it comes to the swift transfer of ownership interests in land or real property. However, a common query arises regarding the validity of these deeds, particularly in the context of their recordation in the st ...
