Legal Question in Real Estate Law in Florida
Homeowner's rights following foreclosure
During the right of redemption period following the public auction of my home, I
found the resources to pay off the mortgage.
I called the mortgage holder to get the payoff amount, but they said they didn't have
the paperworks at hand and would call me back. They didn't call back, so I tried again with the same results. This continued
for three days, during which time I made it
clear that the funds were ready to wire as soon as I recieved a payoff figure. My right to redemption expired at 5:00 pm yesterday, 15 minutes after my last call to the mortgage holder wherein I was told they would call back at once so I could wire the funds. They didn't call back. What recourse do I have?
1 Answer from Attorneys
Right to payoff Mtg. before sale.
Facts: During right of redemption period following public auction of home, I found resources to pay off the mortgage. I called the mortgage holder to get the payoff amount, but they said they didn't have the paperworks at hand and would call me back. They didn't, so I tried again. This continued for three days, during which time I made it clear that the funds were ready to wire as soon as I recieved a payoff figure. My right to redeem expired at 5:00 pm yesterday, 15 minutes after my last call to the mortgage holder wherein I was told they would call back at once so I could wire the funds. They didn't call back.
Q. What recourse do I have?
A. Generally the right to redeem expires on the day of the public sale. IF you had a redemption period AFTER the sale, then you should file paperwork with the court explaining what happened and DEPOSIT the amount listed in the Final Judgment into the court registry after the Judge gives you permission. If that doesn't work, then you could file an appeal or a Chapter 13 Bankruptcy to try to save your home.