Legal Question in Real Estate Law in Florida

Florida Foreclosure With Several Complications

Facts: Mobile Home w/ property bought by my grandparents (now both deceased).Willed the home to me. A mortgage bal of approx.$70K remains. I've been living in the home since purchase, but due to injury am disabled,almost 3 months behind on pymts. Also, Homeowners Assc. fees have NEVER been paid since moving in-they have sent several letters stating they will foreclose. The property taxes are deliquent and a cert.has been bought...the Co. who bought the tax cert.will be able to take claim of the property May, 2002. Today, the mortgage co. called stating if I did not post date a check for at least 1 pymt., ''foreclosure will begin ASAP and I best start looking for another place to live ''.

How long will the foreclosure process take? At this moment I have no place to go, and no funds yet to vacate the premises. If I were to begin Probate, would this slow the Foreclosure process? Also, what about the deliquent taxes and HOA fees... will this have any bearing on slowing the process as well? (Lender is unaware of these other delinquencies). I am very frightened at this point and in need of some answers. All feedback is deeply appreciated.


Asked on 12/29/01, 10:58 pm

1 Answer from Attorneys
Joel Cohen Joel M. Cohen,P.A.

Re: Florida Foreclosure With Several Complications

There are several legal issues that can be discussed here. The most important issue apears to be the fact that you are severely disabled when it comes to paying to keep that roof over your head. Ultimately you will lose the property, for any or all the reasons that you point out.Do not send a postdated check. Apply for help from charitable organizations in order to get you on your financial feet again. Certainly you have computer skills and could work from home if necessary.

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Answered on 12/30/01, 9:43 am


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