My previous 'Just Ask" attorney explained that there is a 5 year statute of limitations on foreclosures in Florida from the default. What constitutes the default date? I was able to make the last payment in 2007. The mortgage company hasn't pursued a foreclosure since 2008 (when I filed my Chapter 7 BK. It was discharged in Jan. 2009). I'm confused about what date would the default date be. (The home is still in my name in the Lee County Recorders Office). Thank you. I love this service.
A "default date" is when a payment was due but wasn't paid.So your "default date" was in 2007 - whenever you were suppose to make a payment but didn't.Please ask for "Law Pro" if you have any further future questions!Just Answer is a "PAY FOR SERVICE" Website. Please press the GREEN ACCEPT BUTTON so I will receive credit for assisting you (even if you placed a deposit or have a subscription program). You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. If you do have a follow-up question, press REPLY, NOT relist, or else I won’t receive the question.
So, according to your explanation above, is the home still mine to do whatever I want to? Is the mortgage voided? It is still in my name at the courthouse.
Some company keeps calling me to sign over a quit-claim deed to them and I can't see where they have any rights to the property.
Can I move back in?
Do I need to pay anything to the original lender?
I have discovered that they did not disclosed the interest rate (they increased it right before the closing) correctly.
Did you discharge the mortgage loan in the bankruptcy you filed?
Yes, I included it in the Bankruptcy. (Started out as a Chapter 13 but then my ex-husband lost his job so we switched to a Chapter 7.)
Relist: Other.I haven't heard back since I answered the Lawyer's question.
The statute starts running on the date that the last payment was due but was not made by you. That would be whatever date in 2007 was the last due date for a payment that was not made by you.Good luck to you. I am sorry for all of your troubles. Yes, you would still own the house until the lender takes title, however, the lender's lien is still valid unless it was specifically discharged in the bankruptcy.
It was discharged in the BK.. So do they own it or me?
If there.was.no transfer of.title, then you.continue.to.own it.
Do I own it "free and clear". i.e. If I move back in and fix up the required repairs & I sell it.... do I owe anything to the mortgage company?
Would the original mortgage company still have a lien on the property?
Honest, I hope this is my last question.
Thanks for your follow up. I know this seems a bit complicated, but if you bear in mind that a lien is security for a debt owed, since the debt was discharged in bankruptcy, as you say, then the lien goes away because there is no longer any debt that the lien would be securing. So, even if the lien remains recorded, there is no underlying debt (since it has been discharged in bankruptcy) so the lien would have no legal force and effect.That makes it pretty simple then, doesn't it?I hope this helps.Good luck and all the best to you.
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