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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111525
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have been served with foreclosure notice from a private

Customer Question

I have been served with foreclosure notice from a private lender, that has no basis for the foreclosure as I am not be hind on pmts, however there has been past illegal litagation for garnashment of rent from previous tennants, since I got rid of tennants I live on the property again and it is homesteaded , along with I am a 100% disabled Veteran,
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The homestead in FL is protected from seizure or foreclosure by creditors (other than the mortgage lender or HOA). So you need to file an objection to the notice of foreclosure with proof attached that it is your primary residence and ask the court to dismiss the foreclosure action and the court will have to do so pursuant to the FL laws which prevent foreclosure on a homestead for creditor debt.

Customer: replied 1 year ago.
Well that is a relief, my mortgage holder is a private lender and has been tortuously interefereing with my property and in colusion with my former tennants to get me out of the property that I own, and it is homsteaded now.what do you charge for reviewing case material and coming up with a plan. As I said I am a 100% disabled vet, the mortgage holder knows this and seek s to accelerate mortgage and forclose on me. I have not been late on any payments. HOw much for phone consultation?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you have paid up on the mortgage, then they have no right to foreclose or interfere with your property. We cannot represent you in any matter, you will need to ultimately get a local attorney, that is due to state law forbidding anyone on this site from engaging in representation. You can get a local consumer protection or real estate attorney at the same sites used by other attorneys http://www.hg.org or http://www.lexmundi.com (FL is a big state, so you need one near you to deal with this matter).

Customer: replied 1 year ago.
can you give advice as to how to proceed, read docs etc?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

We can review documents. However, in your case, after what you stated above if they are seeking to foreclose, you will need to get to a local attorney and will have to file in court to stop the foreclosure and also sue for damages and possibly attorney's fees for them interfering in your contracts and also for illegally foreclosing. If they served a notice of foreclosure, your time is short so you need to get that local attorney early next week and get rolling to stop them.

Customer: replied 1 year ago.
if I read your answer correctly, because it is a private lender it is not considered a mortgage lender/
Customer: replied 1 year ago.
he does have a mortgage that we signed.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

He is not considered a regulated mortgage lender, but if the debt is secured by your property it is a mortgage. Your lender though cannot foreclose if you are in compliance with the terms of the mortgage and up to date on payments.

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