How Long Can You Remain in a Foreclosed Home After It Has Gone to Auction?
Video Summary
How long can you remain in your home after the property has been foreclosed and has gone to auction? Well after it is auctioned off, the clerk will issue a certificate of sale and approximately 10 to 14 days after the property has been sold they should be issuing a certificate of title. If you are the owner of the property, they then can apply to the court for a writ of possession. In years past, the courts depending on which particular court it is or judge, they have issued an order direct from the clerk to issue a writ of possession, so I would have in the past told you have about 10 days to 14 days before you would need to move out because once a writ of possession is issued you only have 24 hours.
However, that depends a lot on the lender and if they wish to take possession right away. In the past, we have seen lenders contact the owner and have a realtor contact them about when they are going to move out and work with people as far as vacating and leaving the property in good condition. There used to be even some assistance where they would give cash for keys in order for the person to leave and not damage the property. Lately we have seen whenever we have foreclosed and request the court enter an order directing a writ of possession to be entered, the courts telling us in Pasco County, Florida that we have to set our motion for hearing, which is out probably six weeks.
Unfortunately, I cannot give you a hard and fast rule but it is safe to say that you have a minimum of 10 days after the foreclosure sale to be able to stay in your home or stay on the property. If you are a tenant, the Federal Obama Law has sunsetted and there is no longer a federal law that allows you to remain in the property after the property has been sold at auction on a foreclosure sale. However, I believe there is now a state statute and I am not sure the effective date that may give you some relief to be able to stay in there if you were a tenant of the property. So unfortunately I have not given you a definitive answer but you do have a minimum of 10 days.
If you have any questions or need representation in conjunction with the matter, give me a call at 727-847-2288.
- Published in Real Estate - Foreclosure, Videos
What Can Be Done If My Agent Under My Power of Attorney is Misusing Funds?
Video Summary
What can be done if my agent under my power of attorney is misusing my funds? The first thing you need to do is contact your attorney or an attorney immediately and rescind and revoke your power of attorney. Secondly, if you are over the age of 50 or 55 you should contact the Elder Abuse Line and ask the sheriff department to investigate this matter as far as crimes against the elderly as far as them misusing your funds. So the immediate response or as soon as you find out about this you need to revoke the power of attorney so that they can no longer use it, notify your bank and that way they will no longer be able to use it.
If you put someone on your account as a joint tenant, that is going to be problematic. I suggest that you remove all the money from the account and open up another account just in your name so that they do not have access to it. That is of course problematic if you are getting your monthly social security checks and pension checks in this particular account, but that is a step in the right direction and then notify Social Security and these other agencies to send the money to the new account that the joint tenant does not have access to so that they cannot misuse your funds.
If you have any questions or need any assistance, give me a call at 727-847-2288.
- Published in Estate Planning, Videos
Can Family Members Have Me Removed from Late Parents Will?
Video Summary
Can family members have me removed from the Will of my late parents? No, they cannot. Once someone passes away the Will cannot be changed. The only time a Will can be changed is while someone is alive and they can always have a last Will and they can choose who they wish to leave matters to. There are various challenges that can be made to Wills, which can divest you or eliminate you as a beneficiary if the Will was procured by undue influence or the testator, that’s the person making the Will, was not competent. That is a Will contest and if you were a beneficiary under the Will that was procured by undue influence or the person was not competent, well then you could possibly lose your inheritance.
But just because they want to remove you as a beneficiary under the Will they cannot do that unilaterally. There has to be some legal basis as to why you would not inherit. Along the problems that we are seeing, as far as trusts are concerned, the trust is not published and if someone is appointed as a trustee under your parents trust and they passed away, the trustee has the power to distribute the property to whomever they want and cut you out because you do not know what is in the trust, which is a real problem, particularly when you come see an attorney to ask him to do something about it and you do not have a copy of the trust so you do not know whether you are included or not.
If you have any questions about that, about your Will or trust and you being a beneficiary, well give me a call at 727-847-2288.