Legal Question in Real Estate Law in Florida
My wife and I have been trying to get a home modif. from Bank of Amer. This has gone on for a year. We just got a "notice of hearing" to be in court Aug 6th. for a "Summary Judgment" Does this equate to an eviction ?And my wife is NOT on the note, only the Mortg. Docs, We ran her credit report and nothing shows up on her, only on me. Can, at the Hearing the judge rule the she is responable for the past due payments, which we haven't paid for the past year. Over this past year I have submitted Docs, maybe 12 times, however we never hear from them, we call and they just said to be pat. they are backed up. Last year, 11/09 we got an e-mail stating we were approved for a home modification. Then we called 'em, they said to wait, and we'd hear back in Feb.2010, then when we got in touch with them they said the package they sent us was never returned, Hell, we never got anything, what is up with this company, is everyone having this kind of problem with B of Am. ? Please advise. DaveM.
2 Answers from Attorneys
I wish I could give you a straight answer, but the whole process is very sloppy. Your wife will not be liable on the Note if she is not listed on it. So no, the Judge won't make her pay anything. You must go to the hearing! Make sure you state that you don't agree with the Lender, that you have been negotiating with them in good-faith, but that they have not. Finally, ask that you want to go to mediation.
This is as detailed as I can get as there is much more to the process. We have worked with your Lender and they are difficult to deal with. Regardless, we can assist you for a reasonable fee. If you need help, please contact us at 727-822-8987.
Evictions are only for renters. For the bank to take your property after a default on your mortgage (foreclosure), the lender must file a complaint with the court. You (or whoever is on the note) had to have been served the complaint and summons. You then had 20 days to file an Answer. If you were not served and this is the first Notice you have received regarding the foreclosure lawsuit, call an attorney right away! A motion for summary judgment, means that the Bank is trying to get a final judgment against you. Once the judgment is entered, the house will be sold at foreclosure auction, and you will then have to vacate (because you will no longer own the home) and you will be responsible for any deficiency judgment the bank gets. Consult with an attorney right away. Regards,
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