Are you serving as the personal representative or trustee in West Palm Beach? You may be tasked with overlooking certain probate or trust assets that could be subject to foreclosure if they are neglected. Outside of the reals of the probate court and Florida probate litigation is there a way to dismiss the foreclosure? Your Florida trust lawyer probably wants to stick to probate court so how can you get this civil case dismissed? You may want to consider an involuntary dismissal, check out this recent case from the Fourth District Court of Appeal to learn more.
How Do Foreclosures Happen With Probate Property
- Estate lawyers in Florida know that when someone dies the probate process does not begin immediately.
- That means that before your probate litigation attorney is even retained there may be issues that need attention.
- Like what?
- Well, what if the decedent had a mortgage?
- Florida probate lawyers know that this mortgage needs paid or else a foreclosure could result.
- At that point you may need a foreclosure defense attorney can your Florida estate lawyer still help?
- Probate attorneys Florida may be able help but you may want to discuss with them hiring an experienced foreclosure defense attorney.
- Want to learn more about why you have to be weary of foreclosures before and during West Palm Beach probate process?
- Check out this case to show how you may be able to defeat the foreclosure.
E & Y Assets v. Sahadeo
- This was a typical foreclosure action.
- Unfortunately for the creditor it was involuntarily dismissed.
- What does that mean?
- The judge said that the case could not go to the jury do you know why?
- The creditor could not prove the exact amount owed!
- That is an essential element to the cause of action.
- In other words, just because there is a mortgage does not mean there is a foreclosure in Delray Beach.
- Do you have a solid defense to the foreclosure action?
Want to learn more?
Check out the entire case by clicking here.
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