Legal Question in Real Estate Law in Florida
The delayed foreclosure on an estate.
According to Florida law, when a house is to be foreclosed, everyone eighteen or older living in the house or being a partner in owning the house must be notified that the house is about to go into foreclosure. If a house is about to foreclose, and the owner of the house signs a deed that states that not only the owner, but a potential buyer now own the house, and this is recorded, could the foreclosure be held off until the notifying of te newly-added partner, as well as the paper work containing updates is given to all parties that need notification?
1 Answer from Attorneys
Re: The delayed foreclosure on an estate.
A quick answer is "no". Once a foreclosure suit has been filed as long as a Notice of Lis Pendens is also recorded, any transfer of title or other encumbrance on the property is done subject to the rights of the plaintiff/foreclosing bank. Furthermore, you may have an issue with a statute in Florida which addresses fraudulent conveyances. In summary, given the sketchy facts you have provided, after a foreclosure suit has been filed and a Notice of Lis Pendens recorded, that transfer of title would not stop the lawsuit. For more details, and to provide you the opportunity to lay out all of the facts surrounding your situation, consult an attorney.
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