Legal Question in Real Estate Law in Florida

My mother and her husband purchased 2 timeshares that they could not financially afford. They are both on fixed incomes and my mom is on disability. A lawsuit has been filed against them and states in part that this is a REM action seeking only to recover title to a timeshare unit. No fee or costs are claimed if there is there is no defense or conterclaim. An effort has been made to avoid the foreclosure action and plaintiff remains willing to accept a deed in lieu of the foreclosure to keep a foreclosure off of the defendant's records as well as to reduce the plaintiff's expenses. Does this mean if the don't fight this action that the plantiff will just take back the property and not seek further restitution or will they still try to hold them responsible for the amount owed. It also states in the Plantiff declares the full amount payable under the note and mortgage to be due. But on the other hand it states all conditions precedent to the institution of the suit have been met or wavied. This is very confussing to them and the don't really know what to do. They can't afford to pay anything or seek a lawyer.


Asked on 11/05/10, 7:12 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

They can't afford to not have a lawyer review their documents. The timeshare sellers got them into this mess, don't count on the timeshare lawyers to be looking out for your parent's best interests at this point.

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Answered on 11/11/10, 4:25 am


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