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How to Foreclose

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ucf

Member
What is the name of your state (only U.S. law)? Florida FL (Lake County)

I (as an individual) hold the note on a home which is delinquent. Can anyone direct me to a place that helps me to foreclose on the property without having to use an attorney?

The property is only worth about $20k so I would hate to have to pay an attorney $1k+ if I can do it myself or mostly by myself. I saw the ehow article on the basic process but I am looking for a bit more guidance.

Thanks

How to Foreclose on a Home | eHow.com
 
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latigo

Senior Member
Merely holding a delinquent promissory note doesn’t does give the holder the right to foreclose on anything. All you have is a chose in action. And that is all that you’ve troubled to tell us. “I hold a note on a home.”

If your note was secured by a recorded deed of trust on the property, then notify the Trustee that it is delinquent and request commencement of foreclosure. But you had better hope that it is a first lien on the home.

If you don’t have the deed of trust, then you have no security interest in the home subject to foreclosure.
 

ucf

Member
Merely holding a delinquent promissory note doesn’t does give the holder the right to foreclose on anything. All you have is a chose in action. And that is all that you’ve troubled to tell us. “I hold a note on a home.”

If your note was secured by a recorded deed of trust on the property, then notify the Trustee that it is delinquent and request commencement of foreclosure. But you had better hope that it is a first lien on the home.

If you don’t have the deed of trust, then you have no security interest in the home subject to foreclosure.
I guess I should have been more specific, I didn't realize the process differed. I sold the property via a Mortgage Deed. The buyer has not met the terms and is in default for two reasons as stated in the deed.
1. Late Payment
2. Not keeping a homeowners policy

There are no other liens on the property or any other issues that I am aware of. The buyer moved out and basically said "sue me" her husband still lives there and I don't believe they are divorced yet.

Once this process is done I would like to sue for deficiency but that would be down the road.
 
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ucf

Member
Seriously, nobody on this forum does the foreclosing? Is everyone just trying to avoid it on here?
 

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