Legal Question in Real Estate Law in Florida
Forclosure
How can I get the house back that I use to live in and paid morgage for over a year back. I stop paying on it because of the living situation and the person that had their name on the deed didn't
want to cooperate by selling their half. The morgage company was well aware of my predicamenet but they offerred no help or suggestion until I stop payments. I would like to reapply so that I
can buy the house back which has been sitting there for over a year. How can you help?
2 Answers from Attorneys
Getting my house Back
Facts: I stop paying on home because of the living situation and the person that had their name on the deed didn't want to cooperate by selling their half. The morgage company knew my predicament but offerred no help or suggestions. I would like to reapply so that I can buy the house back.
Q.How can I get the house back that I lived in and made morgage payments on for over a year?
A. If the foreclosure is completed and the sale is over, negotiate with the bank. If the sale has not yet taken place, you can file a Ch. 13 Bankruptcy and stop the sale and force the bank to negotiate; however you will still have the problem of the other person being on the deed. You would then have to file a Partition action to buy them out. You needed to ask an Attorney before you stopped payments; now you are at the mercy of the bank and its going to cost MUCH more.
Re: Forclosure
It appears you have the right of redemption which means you can get the house back if you pay off the mortgage. However, an attorney would need to review the deed, mortgage and other documents in order to properly advise you. I suggest you seek the advice of an attorney.
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