How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29269
Experience:  Texas Attorney for 29 years dealing in real estate
Type Your Real Estate Law Question Here...
Ray is online now
A new question is answered every 9 seconds

Best way to respond to a pre-foreclosure Lis Pendens

Customer Question

Lis Pendens received 09/28/08 stating that my home is being foreclosed by first mortgage holder. I am unable to make the payments due to age and inability to find work. Wife also unable to work due to medical reasons. Should I respond directly via letter to the court and filing attorneys or hire a lawyer to respond. My goal is to seek a short sale of the home, stay in it as long as possible and maintain the home properly to assist the sale. First lien: $475,000; home equity line of credit $154,000. Current asking price $699,000. Pinellas County, Fl
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Ray replied 5 years ago.

Thanks for your. My advice here would be to hire the lawyer to write letter requesting a short sale and setting out your offer. These days if you aren't in arrears they won't talk to you. But this is very possible. This appears to be your best solution to the matter.

 

A lawyer could certainly get the ball rolling here. I believe you have given this thought and it may be the best alternative for you. You have a tough situation but this would get you out from under the house even if it is with some debt. I would hope the lender would work with the lawyer to resolve and allow. You have my sympathy for the situation. I wish you good luck..

Customer: replied 5 years ago.
My question is whether it is necessary to have an attorney file a response, or whether I can write my own letter to the court and plaintiff's attorney. I can certainly write a hardship letter and request a short sale and authorize my realtor to discuss details of the short sale. Is this as valid (i.e. legally binding in the state of Florida) as having an attorney file a formal response to the notice of Lis Pendens about plaintiffs having filed a suit to foreclose on my property?
Expert:  Ray replied 5 years ago.
You can represent yourself. There is certainly no prohibition from doing so. Then they will have to deal with you. You can always be your own lawyer so to speak. They call this pro se. Good luck here..
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29269
Experience: Texas Attorney for 29 years dealing in real estate
Ray and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.
This response was accepted only because I gave up in my effort to receive a responsible, helpful answer. I had hoped to learn reasons that pertained to Florida law, suggestions for how to delay the foreclosure, or points to make that might encourage a lender to work with me and consider a short sale in this economy. Your advice to hire a lawyer, and then adding that I can represent myself and the legal name for doing that offered zero help. Perhaps I didn't ask a specific-enough question. My advice to others: Save your money. Do you get what you pay for where lawyers are involved? Judge for yourself, but I think we don't. Sad, but true.
Expert:  Ray replied 5 years ago.
Here's more reference for you. If you have more questions please feel free to ask here. You have many rights in Florida and defenses. The web site goes over these including redemption. ..


http://www.helpwithlaw.com/foreclosure.htm

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.