Real Estate Law
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Thanks for your question and good evening.My sympathy here for your dilemma.
You wold simply send a demand letter outlining the demand for payment and you alternative to filing for judicial foreclosure.
Mary and XXXXX XXXXX
Reference: Second Deed of Trust dated Jan 25, 1983 to Bill Jones
Dear XXXXX and XXXXX XXXXX,
I am the holder of the second Deed of Trust referenced above on the property located atXXXXXWherever, Florida.
Payment on this note and deed of trust has not been made.Demand for payment is hereby made.I am offering the following resolution to avoid judicial foreclosure of the deed of trust. I am demanding payment of the amount owed $147,000 which is the amount remaining and outstanding and in default under the terms of the note and second deed of trust. (you may want an exact amount) or a quitclaim deed to the property.I would like to discuss this matter at your convenience.It is my intent if this is not resolved within 30 days to proceed to file for judicial foreclosure.I would prefer to resolve it without the need for foreclosure.Please contact me as soon as possible about resolving this matter as time is of the essence.
Your name and address and phone.
Send it certified mail and keep copy of letter and greencard here for your records.
If they do agree here you then have to decide if the property is worth foreclosing on it.You would have to resolve the first lien here if it still outstanding.
See if the demand letter gets you some resolution and go from there.
It has been my pleasure to assist you tonight.Feel free to modify the form above to your exact needs and situation.
Please let me know if you have more follow up.
I would attach a copy of the deed of trsut and note here if you have it as well.
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This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.
Reference to foreclosure process in Florida.
If you would have to proceed to judicial foreclosure you would get a deficiency judgment here for your costs and legal fees as well as the property back.Hopefully the letter will allow you to resolve it short of foreclosure.
Here is a quitclaim deed form if they agree to the offer.