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Foreclosure FAQ

Foreclosure FAQ

Answered by an Orlando Foreclosure Defense Attorney

Is your home at risk of being lost to foreclosure? At Haynes Law Group, we proudly represent borrowers whose homes are threatened by foreclosure proceedings. We understand the urgency of your matter; therefore, we offer free consultations and make ourselves available

Why we are the law firm to trust:

  • We will answer all of your questions.
  • We file the necessary paperwork.
  • We assist with loan modifications, short sales and other foreclosure alternatives.
  • We have special training in real estate transactions.

Our foreclosure attorneys have provided a list of frequently asked questions about foreclosure below, which we encourage you to continue reading.

For additional information, don't hesitate to contact our office by calling (888) 252-8754 to schedule a free consultation with an Orlando foreclosure defense lawyer!

Our FAQ

  • How much does it cost to hire a partition action lawyer?

    We take all partition cases on a contingency basis. This means that you owe us nothing up front! We pay all court costs out of pocket and will only get paid attorney fees if we win your partition action and your piece of real estate sells.

  • Do I have to go to court during a partition action?

    Not necessarily. Many issues can be handled by your attorney, and some cases settle before reaching trial. However, if the matter is contested, court appearances may be necessary.

  • What happens to mortgages and liens on a property that is in a partition action?

    Mortgages and liens are paid out of the sale proceeds before any distributions to the co-owners. These encumbrances must be resolved for a clear title to transfer to the new buyer.

  • How are proceeds from a partition sale distributed?

    Proceeds are typically distributed in proportion to each party’s ownership share, after deducting costs like taxes, sale expenses, and sometimes reimbursements for repairs or mortgage payments made by one owner on behalf of the others.

  • What are the common outcomes of partition lawsuits?
    Most partition actions result in the court ordering the sale of the property, with the proceeds divided among the owners based on their ownership interests. In rare cases, the property may be physically divided; this outcome could be more likely for large, multi-acre properties, especially those used for commercial agricultural purposes.
  • Who can file a partition lawsuit?

    Any person who holds a legal ownership interest in real property, whether full or partial, has the right to file a partition action in Florida.

  • What is a HUD subordinate mortgage?
    A HUD subordinate mortgage refers to a type of loan that is subordinate or secondary to the primary mortgage on a property. HUD, which stands for the U.S. Department of Housing and Urban Development, offers various housing programs and initiatives to assist homebuyers, particularly those with low to moderate incomes.

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