Legal Question in Real Estate Law in Florida

Order Staying Foreclosure

A lawsuit has filed against me on 02/20/08. I negotiated directly with the lender. They agreed to help me and their lawyers send me a ''Agreement for Payment, forbearance by plaintiff and entry of final judgment upon default''. Basically i should start re-paying my monthly mortgage for 12 consecutive months w/o delay and in the end of 11th month i should contact the lender's collection dept. to discuss a loan modification or new forbearance agreement. The clause 7 of this agreement says: Litigation hold - Provided that all payments under this agreement are made, this pending foreclosure action shall remain on hold. I signed the document on March 15th and returned to the Lender's Law firm. I paid the first month as stipulated in the agreement and I called the lender to confirm that everything was Okay and they confirmed that it was. On March 29th i received another letter from the law firm:Order Staying foreclosure. ''this case came on for consideration ex part upon the motion of plaintiff to stay foreclose. The court having reviewed the pleadding and being otherwise finds plaintfiff's motion be granded. Therefore, it is ORDERDERED AND ADJUDGED. I do not have a lawyer. Question: is this means they moved with foreclosure? Pls help.


Asked on 4/04/09, 9:07 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Order Staying Foreclosure

"Stay" means "frozen." It sounds like the foreclosure action is frozen, which is what you agreed to. But, to be certain, you should take all your documents to a lawyer to have everything reviewed. It shouldn't cost much just to have a lawyer look over everything and make sure your settlement is proper.

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Answered on 4/05/09, 10:17 am


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