Legal Question in Real Estate Law in Florida

To whom it may concern,

I have a Florida home in foreclosure since 12/07 and just received an order of dismissal prescribed by rule 1.420e (failure to prosecute). The motion was served July 27, 2009 and the order done on Sep 27, 2009. The original note was finally found and filed 7/13/09 in the docket. I personally have not been served since I live elsewhere. My sister and her boyfriend live in the home and have wanted to buy pending financing (short sale). The home has lost $110K in value.

My questions to you: 1. Is the foreclosure case officially dropped? 2. Can the bank come after me for a deficiency judgment or anything else? 3. What is the statute of limitations? 4. Do I own a home free and clear if I continue to stop paying? Thank you so much! E


Asked on 10/05/09, 8:31 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

The foreclosure case is probably dismissed without prejudice. This means that the bank could file a new foreclosure lawsuit against you. The statute of limitations is 5 years. If the bank does not file a new lawsuit within that time, then you would own the home free and clear. That is not likely to happen, though.

Read more
Answered on 10/05/09, 10:08 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida