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In floridA if you pay your property tax for 17 years since…

In floridA if you...

In floridA if you pay your property tax for 17 years since you bought the property can the back remove you from the property ?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My house was put in foreclosure

Lawyer's Assistant: Have you talked to a FL lawyer about this?

The property has 2 houses that are separate and each in has it's own folio number,each has and address and only one had a mortgage. Now the bank presented a florida law that what ever is in the lot even though it was not part of the mortgage belongs to the back. The judge agreed. Bank never paid taxes for the house I live only for the house that was in forclosure.

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Customer reply replied 2 months ago
The bank only paid taxes for the house that had the mortgage,foreclosed. Never paid taxes in the same lot with different folio and address
Answered in 1 day by:
5/29/2018
Josie-Mod
Category: Real Estate Law
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
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If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 2 months ago
I will wait
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,997
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome and thank you for your question. The site asked me to see if I can assist you. Is the lender foreclosing based on a property tax matter? The lender can only foreclose the real property contained in the legal description on your mortgage documents that is part of the loan. The bank is limited to the exact property set out in the legal description as this is the only real property they have the ability to lien. It would be very unusual for the bank to foreclose on real property they have no lien over. This is not permitted under the law.

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Customer reply replied 2 months ago
In the lot there are two houses. Only one had a mortgage. Bank wants both houses

The lender can only foreclose on the real property described in the mortgage documents. They have no lien or any right to other real property.

Have you filed a complaint with the Consumer Financial Protection Bureau? https://www.consumerfinance.gov/

Where in Florida is the real property located?

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Customer reply replied 2 months ago
Unable to afford $59 extra

Please ignore the telephone call request. I am happy to continue in this format.

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Customer reply replied 2 months ago
In miami.

I see no such law. Do you have a copy of what was presented?

I am going to provide a link for local Attorneys that provide FREE consultations. Something is not adding up in this situation.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. Can you see the rating scale on your end at the top of the page, 5 stars?

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,997
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 2 months ago
There is only one deed that includes both houses. One had the loan, the other one was free of loan. Floclosure occurred in 2012. Now is when they are claiming the second house. We have been paying taxes, repairs etc yo the house they are now claiming. On a hearing done in 2015 to clarify last judgement the bank attorney stated now interest in the second house because loan was one the front house. Now 3 years later they are claiming the back house. Ea h house has separate addresses and folio number.
Thank you for the clarification. The fact that there is only one deed for both houses makes all the difference. The houses needed to be separated into two deeds and 2 individual parcels. You will want to contact a local attorney to review your mortgage documents and deed to properly remove any liens from the house. I provided a link for the Bar Association Lawyer Referral Service above.
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Customer reply replied 2 months ago
There is no line in the second house. Mortgage paid in 2003.
Customer reply replied 2 months ago
Can we take the homestead law since there is a fence separating the properties, we paid taxes and have maintain the house?
You will want to speak to a local attorney the properties Must be separated.
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When I say separated I don’t mean physically I mean that there needs to be a separate deed/quiet title for the 2nd house. The issue is because there is in deed.
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Customer reply replied 2 months ago
Thank you
Correction. The issue that is occurring is because there is ONE deed encompassing both houses. The houses need separate deeds so the lender has no legal claim on the second house.
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You are most welcome. Thank you for using JA.
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