Category: Foreclosure Defense

12
Nov

Florida Statutes §702.12, Coming on October 1, 2018, May Create a Streamlined Foreclosure Procedure against Borrowers who have Previously Filed for Bankruptcy Protection If you are a borrower who has previously filed for bankruptcy protection and you are now potentially looking at possible foreclosure action by your lender after October 1, 2018, you need to take note.  Senate Bill No.... Read More

Foreclosure
9
Nov

We’re being told that the economy overall has been improving and that the jobless rate has dropped to a multi-year low.  From this type of encouraging economic statistics you might think that the foreclosure crisis has finally reached its end but unfortunately, we are now seeing statistics that show that foreclosure filings in Florida for July were up 35% over... Read More

foreclosure
3
Sep

After the court enters its Final Judgment of Foreclosure in favor of the plaintiff, the Court will schedule a foreclosure sale date. Sometimes, the foreclosure sale results in the purchaser paying more for the property than the amount of the final judgment. This amount above the final judgment amount is called the surplus. The clerk of court keeps this surplus... Read More

25
Jul

The Fair Debt Collection Practices Act, known more commonly as the FDCPA, is an important consumer-protection law and one that our office has used many, many times to help our clients and protect their rights.  While it bans a number of specific activities by debt collections, generally, the FDCPA forbids debt-collectors from harassing members of the public to an excessive... Read More

23
Jul

When the Court enters an order or judgment, the Court expects that the order or judgment will continue to have an effect and bind the parties at all times following the entry of the order. However, sometimes, it can become inequitable for the order to be enforced going forward. The Florida Rule of Civil Procedure A party may seek relief... Read More

19
Jul

Over the last several years as I have been handling foreclosure matters first for the banks and now for those being foreclosed upon, the subject of deficiencies has been a persistent nagging concern sitting out there.  The amount of a deficiency can only be determined after the foreclosure sale is held and it is calculated as the difference between the... Read More

29
Jun

When the Court enters an order or judgment, the Court expects that the order or judgment will continue to have an effect and bind the parties at all times following the entry of the order. However, sometimes, it can become inequitable for the order to be enforced going forward. A party may seek relief from a judgment, order, or decree... Read More

13
Apr

If home is where the heart is, then it is not a stretch of the imagination to see why losing your home at a foreclosure sale can be particularly heartbreaking. Despite the heartbreak, once the home is sold at the foreclosure sale, that is the end of this chapter of your life, right? Unfortunately, that is not always the case.... Read More

26
Mar

Objecting to Foreclosure Sales

Published by Loan Lawyers

Even if your home has unfortunately just been sold at a foreclosure auction, all hope is not necessarily lost. So long as you act very quickly after the date of the foreclosure auction, you may still have time to file an objection to the foreclosure sale. If you are able to timely file an objection to the foreclosure sale, the... Read More

19
Mar

Habitat for Humanity

Published by Loan Lawyers

Habitat for Humanity is commonly perceived to be a purely altruistic organization that uses volunteer labor to provide free homes to the less fortunate or economically disadvantaged. In reality, the idea that Habitat for Humanity gives away free homes could not be farther from what actually happens. Even the website for Habitat for Humanity of Broward County (“HHBC”) notes that... Read More