Beware, the Foreclosure Collection Man Cometh

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Marco Island Law Blog | Marco Island & Naples Lawyer – He does not know what will happen next. Can you explain the foreclosure process? A: Most foreclosure proceedings are filed in State court. In Florida, there are 2 methods of foreclosure. One method is similar to any other lawsuit. The other is an expedited procedure for.

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Accept the Warranty Deed – – Accept the Warranty Deed which has granted the homeowner Grantee title to the real estate. A warranty deed is a deed which warrants good and clear title to the real estate transferred. In many states, it often includes some or all of the following covenants: seisin, quiet enjoyment, right to convey, freedom from encumbrances and defense of title against all claims.

Foreclosure Dismissals Due to Lack of Standing – GMAC (1/12) gmac mortgage lacked authority to foreclose the mortgage when it initiated the foreclosure proceedings, and, therefore, the foreclosure and the foreclosure deed upon which GMAC based it ejectment claim are invalid. Moreover, under our holding in Sturdivant, because GMAC Mortgage did not own any interest in the house, it lacked standing to bring its ejectment action against the Pattersons.

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Beware of Zombie foreclosures – But, depending on state law, second mortgage holders can sue homeowners to pay off the notes – even after they lose the home in a foreclosure or the lender can sell the debt to a collection agencies..

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