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.
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 homeownerâ€™s foreclosure defense expenses, including attorney fees, and provides research and support to the borrowerâ€™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.
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.
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, firstname.lastname@example.org.
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
ALLIANCE REALTY GROUP
"Chosen Best in Client Satisfaction 2006-2011" by Gulfshore Life Magazine
Website to access FL properties:
Please let me know if you need any contacts for a real estate attorneys in the Fort Myers area.
Best of luck
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
I'm sorry to hear your husband passed away. An attorney is the only party who can give you legal advice.