The Florida Association of Legal Document Preparers
800-515-0496

Click to Call for Mobile Users - 800-515-0496

Foreclosure legal services

Are there free legal services for foreclosure? I was served with a Lis Pendens over the holidays.

I remember reading something about mandatory mediation. Can you point me in the right direction?

Comments for Foreclosure legal services

Click here to add your own comments

Foreclosure Mediation
by: Judy Law

According to a 12/19/2011 article in the Miami Herald:

"Florida’s mandatory foreclosure mediation program has been terminated, according to a letter signed Monday by Supreme Court Chief Justice Charles Canady.

The program, established in 2009, required lenders to participate in a mediation process with struggling borrowers prior to repossessing a home. In October, a task force of judges recommended that the program be ended, due to its low success rate.

Earlier this year, a report showed that only 4 percent of cases eligible for mediation ended in a settlement.

In many cases, borrowers were not contacted. When they were, the success rate for mediation settlements rose to 27 percent. Settlements can include a loan modification, short sale or deed-in-lieu of foreclosure.

Cases currently in line for mediation will continue, but no new cases will be referred to a mediation under the state’s mandatory program."



Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Documents needed for adverse possession claim.

I am looking to file an adverse possession claim and in need of information on proper forms and procedures needed.
An attorney is not an option for me, I had several consults and it is too expensive for me.
I have occupied a home for 18yrs. and paid it fully...morgage, house taxes, insurance...maintence and repairs. the house was gift deeded to my sister from our mother, and than morgaged by her and her husband, after living in the property for 5 years and paying 100percent of morgage,repairs, insurance,taxes, she then gave me a notorized letter giving me half the property and than left it for me to 100percent care for, verbally telling me she wanted nothing to do with it, until now when i made the last morgage payment. she now says I was renting and did not mean the notoriced letter...
she has threatened to sell it, throw me out so I need to act quick...something to put a cloud on the title.

Comments for Documents needed for adverse possession claim.

Click here to add your own comments

Adverse Possession
by: Lorna

Adverse possession is a widely misunderstood method of acquiring property ownership. And it takes a while. The acronym is OCEAN which stands for: Open, Continuous (for 7 years), Exclusive, Adverse and Notorious.

According to the free dictionary online:

"Adverse possession depends upon the intent of the occupant to claim and hold real property in opposition to all the world and the demonstration of this intention by visible and hostile possession of the land so that the owner is or should be aware that adverse claims are being made.

The legal theory underlying the vesting of title by adverse possession is that title to land must be certain. Since the owner has, by his or her own fault and neglect, failed to protect the land against the hostile actions of the adverse possessor, an adverse possessor who has treated the land as his or her own for a significant period of time is recognized as its owner."

For more detailed information visit:

http://legal-dictionary.thefreedictionary.com/adverse+possession

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

The title company took $3000 out of my proceeds for lien on my property and it waz only $2000?

by Karen McTeer
(Haines city Florida)

What can i do to get my money back?

Comments for The title company took $3000 out of my proceeds for lien on my property and it waz only $2000?

Click here to add your own comments

Property Lien
by: Staff FALDP

Dear Karen,
Without more information, we can't know the entire situation. However, the very first step has to be to question the title company and find out how they justify taking the additional $1000. I'm assuming that this took place because you refinanced your property, and the lien had to be satisfied. Liens build up interest, so at least part of that amount may have been interest. And the title company may also have charged you fees that you did not realize were being charged, ask for an accounting. Then, consider that it may have been a mistake, and, again, ask for an accounting.

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Rights of a trust faced with 2 conflicting deeds - Real Estate

by Ronnie
(Plantation, FL)

I need an ex parte declaratory judgment establishing the right to title of an out of state property. This property was properly deeded to the trust by warranty deed....but there is a quit claim deed I blelieve is invalid to pass title away from the trust. I am last successor Trustee. Need court declaration on this.

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Tenants rights in forclosure

by Jacquelyne
(Melbourne, Brevard, Fl)

What is the proper way to file a response as a tenant defendant to a summons in a foreclosure procedure?

Comments for Tenants rights in forclosure

Click here to add your own comments

Tenants Rights in Foreclosure
by: Staff FALDP

Jacqueline,
The Protecting Tenants in Foreclosure Act of 2009 was passed specifically to protect tenants who occupy a property that is in foreclosure.

The protections of this law apply to tenants under a “bona fide” lease or tenancy. A
lease or tenancy is “bona fide” only if:

(1) The mortgagor or a child, spouse, or parent of the mortgagor under
the contract is not the tenant;

(2) The lease or tenancy was the product of an arm’s-length transaction;
and

(3) The lease or tenancy requires the receipt of rent that is not
substantially less than fair market rent or the rent is reduced or
subsidized due to a federal, state, or local subsidy.

If you do not have a lease that was signed prior to the commencement of foreclosure, you still are entitled to 90 days to move out.

Regarding the foreclosure complaint itself. First, you may want to consult with an attorney about your specific rights. In general, you should answer the complaint, file it to the court record, and attach a copy of your lease or rental agreement if you have one.

For more information about the Protecting Tenants in Foreclosure Act of 2009 - visit:

http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdf

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Tenant Eviction

by Sherrie Wright
(Winter Park, FL)

The information I am searching for is as a Landlord for a property renting to a tenant. I am a SENIOR CITIZEN at the age of 62 years old. The tenant is far behind rent and has been given a 7-Day Notice, 5-Day Notice and 3-Day Notice to vacate or pay. The tenant has ignored all notices and still not paying any RENT AT ALL. I need to REMOVE THE TENANT by Eviction, but do not have the money at the moment for EVICTION FEES. Because the tenant hasn't been paying any RENT, he has put me in a big FINANCIAL BIND and I need some ASSISTANCE to remove the tenant. Will I be eligible to get an INDIGENT to pay for the EVICTION? Please HELP ME.........

Thank you,

Sherrie Wright

Comments for Tenant Eviction

Click here to add your own comments

Indigent Landlord seeking eviction
by: Staff FALDP

Sherrie,
While this is a great question, so far we haven't been able to find a definitive answer online. Please contact your clerk of court to find out. The clerks are also allowed to offer a payment plan for court filing fees. The following is posted on the Clerk of Court site for Lake County:

Civil Cases

Persons seeking to defer payment of filing fees must be determined indigent by the clerk per guidelines found in Florida Statutes 27.52, 28.246, and 57.081. The clerk has delegated authority to determine that a party is unable to make payment in full per Administrative Order A2004-18.

An Application for Civil Indigence Determination must be completed by a person seeking to defer payment of civil filing fees. The application may be downloaded from the Florida Supreme Court website at www.FloridaSupremeCourt.org or from Florida Clerks of Courts Operation at www.flccoc.org.

When the paperwork is complete and ready to be filed, the person seeking to defer payment will go to the Court Payment Plans Office on the 1st floor of the Lake County Courthouse for the indigence determination. After the determination is made, the applicant may then go to Central Cashiering on the 1st floor of the Lake County Courthouse to file the case.

Per Florida Statute 28.24(26)(c), the clerk will collect a service charge of $25 for setting up a payment plan.

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Real Estate concerning my HOA demanding I move fence

by Judith
(Fernandina, FL, Nassau County)

I am searching to find a state law that would stop my HOA from demanding that I move my back fence at my own expense.

The person that sold me the house, had submitted a form to the Architectural Review Board requesting permission to erect the fence 9 years ago. They approved his request. I now have the form. Unfortunately however,he had made the drawing appear as if the back fence was at his property line. He then built the fence further back, and put it on HOA property, which was substantially further back than his property line. We had been told at closing that the fence had been approved, and that we just could not change that part of the property because it was easement.

The Board President who is now demanding that we move the fence at our own expense, claims that the ARC nor the Board had any obligation to inspect the fence after it had been built to be sure it had been done right. They claim that they just now have become aware of the violation. It does not seem right to me, that they had no obligation to inspect the job after they had approved it, to be sure that the fence was placed correctly; and now, 9 years later,they are holding me responsible for the cost of moving it. I have owned the house for five years or more.

Comments for Real Estate concerning my HOA demanding I move fence

Click here to add your own comments

HOA Demands
by: Staff FALDP

Judith,
You may need an attorney for this. HOAs can be notoriously difficult to reason with. As I see the issue is that although the fence was approved, the previous homeowner didn't install it according to their approval.

Look up the legal doctrine called - laches. If someone does not assert a right for a long time, then finally they may lose the right due to laches.

http://dictionary.law.com/Default.aspx?selected=1097


Also, you may have rights associated with your purchase. A real estate attorney should be able to help.

Click here to add your own comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

Money owed by a home owner

How to put a lien on the property of a home owner who owes money to my business accumulated over a period of time for work/services completed?

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.

DISMISS AND COUNTER CLAIM AND ANSWER A FORECLOSURE

by ZAIDY GANTT
(FT.LAUDERDALE,FL)

I HAVE A CASE WHERE THE DOCUMENTS ARE FORGERY ON THE MORTGAGE AND TITLE,IT WAS DISMISSED IN ONE COURT BUT THE BANK REENTERED IT A YEAR LATER IN ANOTHER COURT. I WANT TO DISMISS WITH {P} AND COUNTER CLAIM FOR DAMAGES. THE MORTGAGE AND THE TITLE WORK CAN NOT BE FIXED BECAUSE THEY RECORDED THE FORGERY ONE AND NOT THE REAL ONE.

THE SERVICING COMPANY DOES NOT EVEN HAVE THE ONE THAT WAS RECORDED IN PUBLIC RECORDS.THEY ARE TRYING TO MOVE IT IN ANOTHER COURT WITHOUT GIVING ME A SUMMONS.
CAN YOU HELP ME FILE A COUNTER CLAIM, A DISMISSAL,AND ANSWER TO THE NEW FILING ON THIS CASE.

THIS IS IN MIAMI FL COURT

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Ask The Members.