Legal Question in Consumer Law in Florida

My in-laws financed a new mobile home in 1997, they were also writing a separate check for the homeowners insurance to this company. My father-in-law was killed in accident 2 years ago and had always said the house would be paid for if he was ever deceased. The mortgage company told my mother in law there was no homeowners insurance to pay off the house yet they cashed the checks. They have now took the house back as a repo but will not move it off her personal property. Just recently she received a letter from the insurance company that her homeowners was canceled due to repossession. Can she now turn around and charge the mortgage co for trying to sell her home off her personal property and what about the homeowners insurance checks that were cashed. She has a legal aid lawyer who was no help and she went in front of a judge who ordered the mortgage company to send all her paperwork on this mobile home, they said they lost it.???


Asked on 1/13/10, 7:52 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

There are many valid defenses to a forclosure action, some of which involve alleged lost paperwork or mishandling of paperwork by the mortgage company. I suggest you hire a lawyer experienced in this complicated area of law to help you.

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Answered on 1/20/10, 11:38 am


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