Legal Question in Real Estate Law in Florida

Foreclosure

My son just found out his house is being foreclosed on because he got behind 3 payments. They've stated there is an 8/7/08 sell date. Can they force them out that quickly?


Asked on 7/02/08, 10:24 am

3 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Foreclosure

To have a public sale of real property because of foreclosure there had to have been a lawsuit for foreclosure which probably spanned over a few months. There should have been pleadings (Comlaint and Answer) as well as Motion for Summary Judgment and a Court order scheduling the sale.

These are general rules and there are always exceptions. If your son did not receive appropriate notice then he may be able to attack/stop the sale. I suggest he gets legal advice on this matter.

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Answered on 7/02/08, 2:36 pm
Robert Roemer Robert Roemer

Re: Foreclosure

To have a public sale of real property because of foreclosure there had to have been a lawsuit for foreclosure which probably spanned over a few months. There should have been pleadings (Comlaint and Answer) as well as Motion for Summary Judgment and a Court order scheduling the sale.

These are general rules and there are always exceptions. If your son did not receive appropriate notice then he may be able to attack/stop the sale. I suggest he gets legal advice on this matter.

Read more
Answered on 7/02/08, 2:36 pm
Robert Roemer Robert Roemer

Re: Foreclosure

To have a public sale of real property because of foreclosure there had to have been a lawsuit for foreclosure which probably spanned over a few months. There should have been pleadings (Comlaint and Answer) as well as Motion for Summary Judgment and a Court order scheduling the sale.

These are general rules and there are always exceptions. If your son did not receive appropriate notice then he may be able to attack/stop the sale. I suggest he gets legal advice on this matter.

Read more
Answered on 7/02/08, 2:36 pm


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