Summary
Filing a quiet title action can potentially stop a foreclosure in Florida, but its not guaranteed. Notify the plaintiff in your foreclosure case under Florida Rule of Civil Procedure 1.080. A quiet title action is a separate lawsuit from a foreclosure case. If the property is sold before the quiet title action concludes, the new owner may acquire the title subject to the lawsuits outcome. Winning a quiet title action could help you keep your home, but the foreclosure case must be addressed separately. Seek advice from a local attorney for specific guidance.Full Conversation
Do I have to notify the plaintiff on my foreclosure case
Yes, if you're filing a motion or any legal document in your foreclosure case in Florida, you must serve a copy to the plaintiff or their attorney. This is under Florida Rule of Civil Procedure *.*.
The quiet title is a different case
Yes, a quiet title action is a separate lawsuit from a foreclosure case. It aims to establish clear ownership of the property. However, the plaintiff in the foreclosure case should be notified of this action. Seek a local attorney for specific advice.
.
Which county in Florida is your property located? This information can help provide more specific guidance.
Orange County
Based on your location in Orange County, Florida, and your questions on quiet title and foreclosure:
- Filing a quiet title action can potentially halt a foreclosure, but it's not a guarantee.
- If you're taking legal action in your foreclosure case, you must notify the plaintiff under Florida Rule of Civil Procedure *.*.
- A quiet title action is a distinct lawsuit from a foreclosure case.
For more specific advice, consider consulting with a local attorney.
I notify BOA and FCI because it was assigned to FCI
To clarify, when you say "BOA" and "FCI", are you referring to Bank of America and FCI Lender Services, respectively? Also, do you need information on how to properly notify these entities about your quiet title action?
I already did. My question is since this is quite title a separate case from foreclosure case
A quiet title action is indeed separate from a foreclosure case. If you've notified Bank of America and FCI Lender Services about the quiet title case, that's a crucial step. Remember that this doesn't guarantee stopping the foreclosure. Seek advice from a local attorney.
.
Understood. Are there any further questions you have regarding quiet title actions or foreclosure cases in Florida?
What happens if they sale the property before the quiet title is finished
If the property is sold before the quiet title action is concluded, the new owner may acquire the title subject to the outcome of the quiet title lawsuit. This could lead to legal complications, and it's advisable to consult a local attorney.
And if I win do I keep my home
Yes, if you win a quiet title action, it means the court has cleared the title to your property. This could potentially help you keep your home. However, the foreclosure case is separate and needs to be addressed separately.
.
It's great that you're interested in understanding all potential outcomes. Do you have any more questions, or is there something specific you'd like to know about the process of a quiet title action or foreclosure in Florida?
There is no mortgage
If there is no mortgage on the property, could you please clarify why there is a foreclosure case? This information can help provide more specific guidance.
TRY ME!
Ask Your Question For Free