Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Other Real Estate Law Questions

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-02-2004, 04:23 PM
YroseTX
Guest
 
Posts: n/a
Question

statute of limitations on foreclosure


I am currently living in Texas, but the foreclosure happened in Florida.

My home was foreclosured in Florida on 2/98. Here recently a lawyer started calling me saying I owed $40,000 dollars on the foreclosure. I told him he was crazy I knew the house sold in 99. I lived next door to it and no one every contacted me about it. I never changed P.O. Boxes untill I moved to Texas in 2000. I told him I was not paying it. He continues to call the house, but I avoid him. From what I've read on the forms is it true this is past the SOL? Even if the company that originally had the note sold out? Should I send him a validations and cease and desist letter?

Thanks,
Kim
  #2  
Old 03-02-2004, 04:37 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: statute of limitations on foreclosure


Quote:
Originally posted by YroseTX
I am currently living in Texas, but the foreclosure happened in Florida.

My home was foreclosured in Florida on 2/98. Here recently a lawyer started calling me saying I owed $40,000 dollars on the foreclosure. I told him he was crazy I knew the house sold in 99. I lived next door to it and no one every contacted me about it. I never changed P.O. Boxes untill I moved to Texas in 2000. I told him I was not paying it. He continues to call the house, but I avoid him. From what I've read on the forms is it true this is past the SOL? Even if the company that originally had the note sold out? Should I send him a validations and cease and desist letter?

Thanks,
Kim
**A: you owe the money, Honey.
  #3  
Old 03-02-2004, 06:11 PM
YroseTX
Guest
 
Posts: n/a
Unhappy

is forecloser forever?


Why do you say I owe? Can u please tell me more? I really need the help. I read the SOL in Florida is 5 yrs does that not apply to foreclosures?

Thanks,
Kim
  #4  
Old 03-03-2004, 11:14 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: is forecloser forever?


[quote]Originally posted by YroseTX
[b]Why do you say I owe?

**A: why do you say you do not owe? What happened after the foreclosure and the home was sold a tless that the mortgage amount?
*********

Can u please tell me more?

**A: Can u please tell us more? What is the story about the foreclosure sale and the deficiency judgement against you? Do you know what this amount is?

*********
I really need the help. I read the SOL in Florida is 5 yrs does that not apply to foreclosures?

Thanks,
Kim

**A: you need to find out the complete story, and as of this date, you do not know it since you abandoned the property and did not keep in contact with your mortgage lender or the foreclosing attorney.
  #5  
Old 03-03-2004, 01:26 PM
YroseTX
Guest
 
Posts: n/a

Validation


Hi,
As for the date I'm going by when it went on my credit report. The new neighbors said they payed 79,000.00 for the house. the original loan was for 89,000.00 and I payed for 5 yrs before my husband died. They said I owed 40,000.00. This house was worth 130,000.00. Should I actually talk to the lawyer and get his name, company, address and send a validation letter?

Thanks,
YroseTX
  #6  
Old 03-04-2004, 09:46 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Validation


Quote:
Originally posted by YroseTX
Hi,
As for the date I'm going by when it went on my credit report. The new neighbors said they payed 79,000.00 for the house. the original loan was for 89,000.00 and I payed for 5 yrs before my husband died. They said I owed 40,000.00. This house was worth 130,000.00. Should I actually talk to the lawyer and get his name, company, address and send a validation letter?

Thanks,
YroseTX
**A: you need to get a hold of the actual court filed judgement papers.
  #7  
Old 03-04-2004, 10:51 AM
YroseTX
Guest
 
Posts: n/a

Court Order


Hi,
I want to thank you for all the help your giving me. How can I go about getting a copy of the judgement? Shouldn't I be able to get one thourgh the courts or county records?

Thanks,
YroseTX
  #8  
Old 03-04-2004, 11:02 AM
Pfaffing85690
Guest
 
Posts: n/a
call the county court in Florida where the case was heard (where you lived) and ask what the fee would be to have a copy of the judgement mailed to you. Also ask for the case number since you'll need to reference that in the following:

Then send them the money and a letter explaining what case you want.

It's that simple.
  #9  
Old 03-04-2004, 03:05 PM
YroseTX
Guest
 
Posts: n/a

Judgement


Hi,
I was able to get a copy of the judgement, via the county's web site...great stuff the internet!! The jugdement was for $89,844.79 then I called the tax office and found the house sold for $65,000.00 to the new owners. Does this come off the amount? If so, can it accumulate interest. The guy calling said $40,000.00 was owed. I also still have the question of SOL was the judgement it or can the lien something else I own. The judgement was filed 2/98.

Thanks,
YroseTX
  #10  
Old 03-04-2004, 09:00 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Judgement


Quote:
Originally posted by YroseTX
Hi,
I was able to get a copy of the judgement, via the county's web site...great stuff the internet!! The jugdement was for $89,844.79 then I called the tax office and found the house sold for $65,000.00 to the new owners. Does this come off the amount? If so, can it accumulate interest. The guy calling said $40,000.00 was owed. I also still have the question of SOL was the judgement it or can the lien something else I own. The judgement was filed 2/98.

Thanks,
YroseTX
**A: ask the guy to send you in writing documentation that supports their claim of $40K.
  #11  
Old 03-05-2004, 03:08 AM
YroseTX
Guest
 
Posts: n/a

Validation Letter


Hi,
Because of the way this is going should I send a validation letter? Also I'm on SS disability, even if it's $24,000.00 I doubt I will ever be able to pay this. I know my diability is exempt, but they could put a lien on my trailer. What about my husbands paycheck or his half of the trailer? Florida wasn't a community property state, but Texas is. Should I post this in a different forum?

Thanks,
YroseTX
  #12  
Old 03-05-2004, 06:45 AM
Pfaffing85690
Guest
 
Posts: n/a
The FIRST thing you do is as HG suggested. Write to the firm requesting payment and demand they support the debt. Do it certified (return receipt required) and do it now.

At that point, when you have received their reply, come back here and discuss it.
  #13  
Old 03-05-2004, 09:29 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
That's right.
  #14  
Old 03-09-2004, 07:54 PM
YroseTX
Guest
 
Posts: n/a

Trying to get info


Hi Guys,

They finally called again. I told them the conversation was being recorded and that I needed their name (Penncro) and address to send them something in writing. That I would only do any agreement in writing. A supervisor came on told me there was a collection of $43,367.61 and we needed to take care of it. they had sent 6 letter to my address an old PO Box. Well I'm sure the post office sent them back since I don't have it anymore. He asked me for my current address and I wouldn't give it to hime and wanted his. He told me the call was being recorded and I told him the same. He said he wasn't giving me permission and I couldn't by federal law. I told him then he should consider disconnecting as it would be recorded. He told me to have a nice day.

Have you heard anything about this company? I wanted to send them the validation letter.

YroseTX
  #15  
Old 03-10-2004, 09:47 AM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: Trying to get info


Quote:
Originally posted by YroseTX
Hi Guys,

They finally called again. I told them the conversation was being recorded and that I needed their name (Penncro) and address to send them something in writing. That I would only do any agreement in writing. A supervisor came on told me there was a collection of $43,367.61 and we needed to take care of it. they had sent 6 letter to my address an old PO Box. Well I'm sure the post office sent them back since I don't have it anymore. He asked me for my current address and I wouldn't give it to hime and wanted his. He told me the call was being recorded and I told him the same. He said he wasn't giving me permission and I couldn't by federal law. I told him then he should consider disconnecting as it would be recorded. He told me to have a nice day.

Have you heard anything about this company? I wanted to send them the validation letter.

YroseTX
**A: stop playing games.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 04:01 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.