Legal Question in Real Estate Law in Florida

Claim against foreclosed property
I owned a property jointly with my now ex-husband (divorced in 1993), and I lived on the property with my children. My ex-husband quit claimed the property to me a few years ago, in an effort to reconcile, but it never happened, and he never gave me the qcd, so it was never filed. I remarried to another man in July 2002, whilst the property was in foreclosure. The auction took place on November 14, 2002, and we were evicted on February 14, 2003. The State of Florida has laws specific to homestead for spouses, and my new spouse and I resided on the property until the day of the eviction. Does he have a claim against this property for homestead? If so, can he sue the title insurance company? Please advise, and offer the name of someone who can help us. (Please note: we have no money). Thank you.

Asked on 7/01/03, 1:31 pm

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

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Re: Claim against foreclosed property

Homestead exemption does not do away with a mortgagee's (lender's) right to foreclose on a mortgage lien against the property.

Answered on 7/01/03, 7:04 pm

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