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    Leethra's Avatar
    Leethra Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 1, 2010, 06:34 PM
    How to evict a family member Florida law
    I have a very complex difficult problem, My dad and mom died in 2008 and put there house in my name. The problem is there house went into foreclosure for the balance of 10,ooo. On the house. So I contacted the mortgage company that said the law firm that was handling the foreclosure went out of business and they will contact me and let me know if they will take the payment for the balance of the house, or the balance maybe written off, this was sent by email. That has been a year ago the house is not listed in foreclose and I want to sell the house or rent but I don't know if I can. Also my kid sister has not left and I want her gone please tell me good advise,I've been waiting and I still have no answer. Someone help please.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 1, 2010, 07:20 PM

    Sorry, but its not that complex at all.

    First, you need to make sure who currently has title to the home. You do this by contacting the county clerk's office and see how the deed is recorded. At the same time check if there are any outstanding liens (and by who) plus check what taxes are owed.

    One you have established ownership, you want to make sure that the property is not subject to foreclosure or tax sale. You may need to pay any outstanding taxes.

    If you are the owner of record then you can start eviction proceedings of your sister. But if your plan is to sell the property, I would wait until you have a buyer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 1, 2010, 07:32 PM

    Ok, mortgage company started foreclosure a year ago, and they said they would contact you, but after a year, have not keep in contact , lets say every few weeks to keep updated?

    But Scott is right, you need to see if you even still own the house, they may have foreclosed and own the house.

    Then you need to find the status of the loan, sorry but "charged off" does not mean you stilll don't owe it, does not mean they can't still foreclose, it is merely a tax status of the loan, where they are saying they don't believe they will ever collect it.

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