Eviction Notice, Part 4, Neptune Beach, FL

Real Estate Agent with Berkshire Hathaway Home Services Florida Network Realty BK 3030920

As you may recall, I had a buyer close on a house in Neptune Beach, FL, mid February; they are engaged, and he is in the process of moving down here. They just had their first child, and three weeks after closing, she was greeted with eviction notices on her new home.

Since I had involved the title company who closed the purchase, the attorney asked me to secure the Title Commitment Letter, so I emailed them that request, stating the attorney the buyer had retained was requesting it ASAP.  (side-note: I've ALWAYS wanted to be an attorney, so I love to refer to attorney representation in communication as I find it tends to expedite things).

The reply I got back was that the company president was working on it, and he had my email request; not QUITE what I was looking for.

However, as I was meeting the buyer to get her signature notarized, I received the following email from the title company: 

I enjoyed speaking with you today concerning the issues surrounding the pending eviction related to the above lawsuit.  As I understand the facts, Deutsche Bank sold this property in April of 2012 subject to re-acquisition of title following a re-foreclosure.  During the time between the sale in April of 2012 and the finalization of the re-foreclosure, this property was re-sold several times.  However, on September 6, 2012, the re-foreclosure was finalized and the grantees under the various deeds became holders of “after-acquired title,” thereby making the sales valid and completing the chain of title.


We would like the opportunity to review the facts as discussed with our client.  At this time, we are immediately ceasing all eviction efforts in light of this information.  Once we confirm the facts as discussed, we anticipate that we will withdraw/dismiss the eviction.


I will send you a confirming e-mail on our decision as soon as we have had the opportunity to verify the facts regarding this property.  Thank you for bringing this matter to our attention.


Now, I don't know about re-foreclosure, but I suspect I'll be learning about it shortly.  


Posted by

Carol Zingone is a full service Broker Associate proudly affiliated with Berkshire Hathaway HomeServices Florida Network Realty in Atlantic Beach, FL.  I help buyers and sellers locally, regionally, and internationally.  With hundreds of happy buyers and sellers over the course of my career, I'm thrilled to help first time buyers, military buyers, seniors, investors, 1031 exchange properties, short sales and REO's.  I have spent hours honing my expertise, including the designations of: Graduate Realtor Institute (GRI), Loss Mitigation Certification (LMC) , Short Sales, Foreclosures, REO's, (SFR), and Senior Real Estate Specialist (SRES).  I pride myself on providing excellent expertise to all buyers and sellers. Search the MLS via www.carolzingone.com  for Jacksonville and area listings!


Comments (7)

Wayne Johnson
Coldwell Banker D'Ann Harper REALTORS® - San Antonio, TX
San Antonio REALTOR, San Antonio Homes For Sale

Carol-I'd never heard of re-foreclose either. Looking forward to your Part 5 to see how this goes.

Mar 11, 2013 10:47 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Carol,

Wow..what a scary story!! A real learning experience on this one!! Keep us posted!

Mar 11, 2013 10:48 PM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
Wayne - that's what is so interesting to me; NO ONE seems to know what re-foreclosure really means! Dorie - It's a learning curve, but I love learning!
Mar 11, 2013 10:58 PM
Frank Laisch
Orlando, FL
"The Insurance Guy"
Carol, WOW...This Does Not Sound like your everyday average file. Good luck on this one i look forward to hearing more about how this turns out
Mar 11, 2013 10:59 PM
David Popoff
DMK Real Estate - Darien, CT
Realtor®,SRS, Green ~ Fairfield County, Ct

I hope it all works out for the present homeowner, a perfect example why we have  tittle insurance.

Mar 11, 2013 11:08 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Carol.  This poor new mother exposed to all this chaos because somebody didn't do their job.

Mar 12, 2013 01:53 AM
Carol Zingone
Berkshire Hathaway Home Services Florida Network Realty - Jacksonville Beach, FL
Global Realtor in Jax Beach, FL - ABR, CRS, CIPS
Frank - it's interesting to say the least. David - yes, and they do have title insurance; waiting to hear from either their attorney, or the Georgia attorney. Conrad - ultimately, I agree: I think someone dropped the ball somewhere...
Mar 12, 2013 03:13 AM