Legal Question in Real Estate Law in Florida

Unlawful foreclosure

While my mtg. company had received all amounts actually due, they filed lis pendens, and foreclosure on my sole conventional 30 yr. mtg.

While there was no actual default under the terms of the note, the mtg. Co. failed to respond for 5 1/2 months to owners requests in writing and by phone to have escrow billing adjusted to note terms. This resulted in GROSS overbilling of escrow (thousands).

The owners sent payments due under note terms with written notice to apply such payments properly and also apply existing excess escrow as provided in note terms.

While all manners of proof have been faxed to the mtg. company they have failed to move to dismiss the action, or provide a correct current and future payment schedule.

A written answer to the complaint has been duly filed and no date has been set.

I would like to close this matter, receive a proper statement of the account, and seek the maximum damages allowed for the severe emotional distress, loss of financial opportunity, damage to credit and reputation created by the wrongful and grossly negligent acts of this company.

Asked on 3/20/02, 8:40 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Unlawful foreclosure

You may want to seek the professional services of a real estate litigator experienced in foreclosure matters, who can assist you in cleaning up the mess without delay. It appears that you have done your homework and simply need someone to push the lender back on track. You have no viable claim of damages for any emotional distress the dispute may have caused you, so don't plan on paying your lawyer with any recovery of such damages. Seek the advice of counsel and good luck.

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Answered on 3/20/02, 11:12 pm

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