Legal Question in Real Estate Law in Florida

trying to forclose on home for their mistake

to make this as brief as possiable, our mtg. comp. has a lawyer and states we were delinquent with 2 mos pymt. however i have every piesce of paper showing when paid. now they want me to pay 625$ attny. fees for some how a big misunderstanding. at this point i cant even speak to my mtg. company because of lawyer involved. i have everything documented, i can't afford an attny. and make too much to qualify for any legal aid. what should i do?? and can they take our home w-out going to court?? i am scared and lost. there is more to this story , i have done no wrong in this whole situation and now i am fighting from losing our home. please help me w- advice. and if i can find an attny. with low consultation would they have my mtg. comp. pay for the fees if they were wrong?? thank you for your time. c. peepels


Asked on 3/02/03, 12:56 am

2 Answers from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: trying to forclose on home for their mistake

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you truly were never delinquent and paid the mortgage co. everything they were entitled to when the amounts were due and prior to the attorney's involvement then just provide the attorney with the proof of payment. E.g. proof of when your checks were cashed.

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Answered on 3/02/03, 7:47 am
David Slater David P. Slater, Esq.

Re: trying to forclose on home for their mistake

Foreclosure requires a court order obtained after a hearing. You must be served with legal papers to start the process. You have the right to oppose by filing an answer. They cannot take anything without the court order. Good luck.

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Answered on 3/02/03, 7:53 am


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