New Conflict in Florida Foreclosure Law Related to Banks Ability to File a New Lawsuit After It’s First Case is Dismissed: Good News for Borrowers?

| December 23, 2014

From a legal perspective, Florida is divided into regions or “districts” that have mid-level review courts (appeals courts) set up to oversee and review the decisions and determinations of lower trial courts. The Florida Supreme Court sits as the highest court in the state, and its job is to oversee these reviewing courts in the […]

Deficiency Judgments and Your Credit: Did the Debt Owner Furnish Accurate Information to The Credit Reporting Agencies?

| October 14, 2014

Update to Deficiency Judgment Collection Efforts We have asked our clients to obtain a copy of their credit report to determine if the amount reported as due and owing is correct. We are doing so because we have noticed in some instances the amount being sought in the deficiency lawsuit differs from the amount reported […]

Florida Foreclosures – What’s Happening Now?

| September 3, 2014

Update on what we are seeing now with Florida foreclosures and related issues – 1. Foreclosure filings have remained steady in the last few weeks – this is based upon the number of calls we are receiving and on the number of lis pendens being filed, per week, in Broward County Public Records – (Broward […]

Is a Dyck O’Neal Lawsuit Valid if it is Served After July 1, 2014?

| August 10, 2014

An Update to The Most Frequently Asked Questions We Receive About Deficiency Collection Lawsuits. We have posted before about some of the most popular questions we are asked about deficiency lawsuits.  Recently, the most often asked question is whether a Dyck O’Neal’s lawsuit is valid (related to old foreclosure cases) if the home owner is […]

I Received an IRS Form 1099: Can The Bank Still Try and Collect on the Florida Deficiency Judgment?

| July 1, 2014

Here in Florida, more and more deficiency judgment collection efforts are being pursued by lenders and debt collectors, even though the associated foreclosure or short sale happened several years back. And, to make matters worse, and confusing, Florida borrowers have been receiving 1099s (a/k/a IRS Form 1099) from their lender related to their deficiency. What […]

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