Foreclosure in 33928>Question Details

Cgmitch, Home Owner in 90275

can I get my property back after the lender foreclosed? We're in bankruptcy when my husband passed away 2 months ago.

Asked by Cgmitch, 90275 Wed Jul 20, 2011

Do I have a right of survivorship as widow?

Help the community by answering this question:


Check with a lawyer.

If title hasn't transferred yet, then--yes--you can get the property back . . . after paying all the arrearages, interest, and penalties. It's still yours.

If title has transferred, highly unlikely. Some areas permit you to redeem your home for a period of time afterwards. Check with your lawyer.

Whether you have a right of survivorship seems immaterial. If you were on the deed, then you are/were the owner. It could come into play if you weren't on the deed. But, again, check with your lawyer.

Good luck.
2 votes Thank Flag Link Wed Jul 20, 2011
Don Tepper, Real Estate Pro in Burke, VA
Sorry for your lost, Hire a real estate attorney who specialize in foreclosure, a smart and creative attorney might be able to let you keep the house but you have to act quickly before its too late for the attorney to do anything. I will Pray for you and Goodluck!

Evelyn Good
1 vote Thank Flag Link Thu Jul 21, 2011
We are sorry for your loss.

Has the property been sold? If not, you will probably qualify for our not-for-profit legal financing program, where our services are donated.

Here is more information on this program, and you can learn more about us on our website:

Amerevision strives to donate one in every ten cases it funds, selecting matters for no-cost legal financing where homeowner clients are able to prove extreme financial hardship.

In such cases, Amerevision pays the homeowner’s foreclosure defense expenses, including attorney fees, and provides research and support to the borrower’s attorney, without charging the borrower any fee at any time.

Amerevision reviews applications for no-cost legal financing where a homeowner is facing foreclosure; where their household has experienced or is facing death, serious illness or injury, or another crisis of similar weight; and where a forbearance plan or typical loan modification would not be help enough.

In addition to typical application requirements, applicants for no-cost legal financing are required to provide documentation that substantiates their hardship claim. Application acceptance is at the sole discretion of Amerevision.
0 votes Thank Flag Link Wed Sep 5, 2012
You must hire an attorney if you want to try to get it back. You will still owe the mortgage on it, so it may not be worth the attorney expense if the mortgage is much higher than the current market value.

Bottom line is you have to contact an attorney. Many will give you a "free" consultation. If you are below the poverty level you may also be able to get free legal representation, contact your local Bar Association.
0 votes Thank Flag Link Fri Jul 13, 2012
if i signed a quit claim deed with the homeowner and this has been in my name for 4 years do i have a right to this property if it has been foreclosed on by the mortgage company
0 votes Thank Flag Link Thu Jul 12, 2012
First of all I am so sorry for your loss. From the responses it looks like you have many of us praying for you and your circumstance.
It is my understanding that foreclosure proceedings are halted when bankruptcy is persued. If you are not working with a real estate attorney that you trust then I suggest contacting Pete Doragh Atty at 239-425-3644,
Florida does have the right of survivorship which means that when your spouse dies the surviving spouse is left with the assets and in this case the burden of the assets as well. However, every state can have their own laws.
Please don't go this alone. Get the help you need as soon as you can. Blessings to you.

Sarah Garrett, Realtor
"Chosen Best in Client Satisfaction 2006-2011" by Gulfshore Life Magazine
Cell: 239-464-8620
Website to access FL properties:
0 votes Thank Flag Link Thu Jul 21, 2011
As real estate agents we are not experienced in the legalities of your situation you need to contact a real estates attorney as soon as possible.
Please let me know if you need any contacts for a real estate attorneys in the Fort Myers area.
Best of luck
0 votes Thank Flag Link Thu Jul 21, 2011
Contact your bankruptcy attorney to find out why the lender foreclosed. Of course if you cannot afford to pay the mortgage payments, the bank may eventually foreclose anyway. It may be better to just move forward and get into a property that is within your budget.
0 votes Thank Flag Link Thu Jul 21, 2011
Again you need to contact an Atty. In your area.
0 votes Thank Flag Link Wed Jul 20, 2011
My condolences to you for your loss. Having spent 20 years in the banking industry, I would say to never give up on it in this market. You need to contact a real estate attorney as others have recommended. Your financial position may have changed drastically. If that is so, it's definitely worth asking. I don't want to give you false hope, but I would not hesitate asking. Worst case scenario, they say
0 votes Thank Flag Link Wed Jul 20, 2011
I would say no.....But I am not an attorney. I live in Estero and specialize in the area.....if you would like for me to give you the information for our attorney let me know.
0 votes Thank Flag Link Wed Jul 20, 2011
Don is right, as usual.

The one thing I thought of, is calling the Bank (your Lender) and talking to them.
They may see it as bad PR to foreclose on a widow!
Out here, the Television Stations like to pick up the sword on stories like that: Know what I mean?

Good luck and may God bless
0 votes Thank Flag Link Wed Jul 20, 2011
Um......I doubt it. An attorney may take your case but it's unlikely you would regain possession at this point. The situation sounds more complicated than what you disclose here.

I'm sorry to hear your husband passed away. An attorney is the only party who can give you legal advice.

Best wishes.
0 votes Thank Flag Link Wed Jul 20, 2011
I would suggest you consult your attorney. Even though you had the right of survivorship, when the bank forecloses and if you have not recieved a final judgement from the bankruptcy court that would stay a foreclosure, you are mre than likely to have lost your claim to the property. A real estate attorney, Bankruptcy attorney and a probate attorney would be where you need to seek answers. I lost my first husband too and know what a difficult time you are having weeding through all the legalities. Good Luck, and God Bless!
0 votes Thank Flag Link Wed Jul 20, 2011
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