I owned property in another county and was in negotiation process with the bank. Documents were not mailed to my mailing address but property and returned. The property was up for auction in November. I was contacted and supposedly the error corrected. The representative was working with me, I made all monthly payments through December, 2009. However, the proper was sold to the beneficiary, (bank) for $10.00 in November. What can I do?
State/Country relating to Question: Florida
Only found out property was sold back to the bank yesterday.
In Florida, the lenders go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale. The court with jurisdiction over a foreclosure is known as the Circuit Court. A complaint is filed in Circuit Court along with what is known a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed upon.
If you were not properly served with process, you have a right to set aside the judgment because your due process rights were violated. You would need an attorney to file a motion to set aside the judgment due to lack of service of process.
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