Legal Question in Real Estate Law in Florida

foreclosure on fla. property after approved sales contract

Is it legal to foreclose on a SOLD property?

The bank has the right to foreclose if you do not timely make payments within any grace period. The fact that they started a foreclosure proceeding after having knowledge of a contract for sale would be a grounds for a defense to be raised in the foreclosure suit against the costs and attorneys fees associated with the suit. It isn't illegal; just inappropriate. When the sale takes place you'll pay off the old mortgage and then in the lawsuit you can dispute the amount of fees and costs.

A property is not sold until it is closed. Just because you have a contract for sale does not mean it is sold. Quite a few contracts fall through before closing. The mortgage company may not have felt you timely responded to their request for the copy of the contract for sale or that it was taking too long since your last payment and since you promised to sell. The court will have to decide these issues in a contested hearing.

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Foreclosure of Florida property

I agree with Mr. Fernandez's answer. The procedurefor contesting the amount of attorney's feesand costs depends on whether the foreclosuresale has already taken place or certificateof title has been issued. If these issues werenot raised in the foreclosure action, you maybe precluded from trying to get reimbursed later.