A Chapter 13 Bankruptcy may be a solution for homeowners who have fallen behind on their mortgage payments, even after a foreclosure complaint has been served or a judgment of foreclosure has been entered. The warning bells are being sounded: Sun-Sentinel "Thousands in South Florida Could Face Foreclosure With Federal...
FORECLOSURE & THE COVID 19 PANDEMIC: HOW, WHEN and WHY
Florida enacted a statewide moratorium on federally backed mortgage foreclosures (e.g., VA home loans, FHA, Freddie Mac and Fannie Mae loans) through July 31, 2020. It is doubtful that the moratorium will be renewed again, even if the significant rise in Covid 19 cases continues. WHAT WILL HAPPEN WHEN...
Is a Short Sale Right for You? Understanding the Law
If you are under water on your mortgage (i.e. you owe more than the house is actually worth) and you are having difficulty making monthly mortgage payments, you may want to consider a short sale. This type of sale may benefit you in the long-run by avoiding a hit to...
Filing a Counterclaim in a Foreclosure Proceeding
Every year, hundreds of people and companies are sued on debts and delinquent mortgages. Some of these actions are, of course, legitimate and very much actionable. However, plenty of others are false, fabricated, and bring about a lot of unnecessary physical and financial stress and anxiety for the affected parties....
Zombie Foreclosures and the Rights You Have When Faced with a Foreclosure Notice
In Florida, and across the country, many homeowners faced with a foreclosure notice pack up and just desert the home under the assumption that the bank will take over the property and sell it to someone else. However, after the 2008 real estate crash, many banks were confronted with thousands...
Foreclosure – Do You Need a Lawyer?
If you are behind on your mortgage payments, or already in foreclosure, you may still be deciding whether it makes sense to retain a Florida foreclosure defense attorney. Many people, especially those struggling financially, may be hesitant to speak to a lawyer out of fear of having to pay a...
Four Defenses You May Be Able to Use to Battle Your Foreclosure
A foreclosure is a stressful and overwhelming experience. The homeowner may feel very much like David and view the mortgage service company like Goliath. This is understandable, but do not give up hope. You may be able to use one of the four following defenses against the foreclosure proceedings. Improper...
Florida Courts Seek to Clear Foreclosure Backlog, but at What Expense?
The number of foreclosure actions instituted in the state of Florida over the past several years is huge. In fact, media outlets still regularly report on the foreclosure problems facing homeowners throughout the state. With the staggering number of foreclosure actions working their way through the courts – reportedly over...
Foreclosures in Florida
Many people are still feeling the effects of the recession and struggling economy. For some, this includes falling behind on mortgage payments and losing their home – or coming dangerously close to having it happen. Thankfully, there are signs that the economy is improving, though this is not the case...
Foreclosure Activity Continues to be a Problem for Florida Residents
The state of the American economy and the financial state of its citizens continues to be a topic that is ever present in the news. While media outlets seem to be reporting a gradual improvement in the U.S. economy, many individuals are still feeling the financial strain of the recession...