Dyck-O’Neal Increases Florida Deficiency Judgment Collection Efforts: 19 Articles About Florida Deficiency Judgments

| April 8, 2014

Last Update: 5/7/2017 It appears as if Dyck-O’Neal is again aggressively filing lawsuits to collect on old foreclosure judgments. In our office, I’ve been receiving a lot more calls about these types of cases, with most of the lawsuits being filed by a Tampa law firm (Daniel C. Consuegra, Esq.). Since things may be heating […]

2014 Surprise for Florida Underwater Mortgages: Mortgage Forgiveness Debt Relief Act Tax Break Has Not Been Extended – Deficiency Will Be Taxed in 2014

| December 31, 2013

This time last year, we discussed how Congress was “kicking the can down the road” by passing federal legislation that extended the 2007 Mortgage Forgiveness Debt Relief Act’s tax break for one year as part of last year’s Fiscal Cliff legislation. (Read the details here, “Florida Short Sales and Florida Foreclosure Defense Deadline for Tax […]

July 2014 Deadline for Older Foreclosure Deficiency Judgments – Small South Florida Banks and Credit Unions Increasingly Aggressive on Deficiency Collection Efforts

| December 10, 2013

According to the new Florida Fair Foreclosure legislation, the deadline for a bank to sue a defaulting home owner for the amount left on a mortgage after a foreclosure (the deficiency) was changed from 5 years to 1 year, regardless of when the cause of action accrued. (See our earlier post for details.) Before this […]

Are Florida Short Sales a Favorite With Florida Lenders?: Florida Sellers Have Great Deals for Buyers – How Florida Short Sale Lawyers Can Help.

| August 20, 2013

Last Update: 02/24/16 In a recent news article, it was reported that there is a “stigma” surrounding the Short Sale option in buying a home these days. CBSNews reported with a story entitled, “Is there a stigma with home “short sales”?” (Read the coverage here). In fact, a Fort Lauderdale area realtor was interviewed for […]

Florida Deficiency Foreclosure Claims: Banks Now Have One Year Statute of Limitations Deadline to Pursue the Deficiency

| June 18, 2013

Last Update: 08/01/16 In Florida, when the mortgage balance is more than the sales price of a home in foreclosure, there is a “deficiency” – stated another way – the deficiency is the amount due the lender when the sale proceeds in a short sale are not enough to pay the loan balance. That “deficiency” […]

Deficiency Judgments and Past Due Condo Association Payments

| June 4, 2013

In Florida, one result of the past few year’s foreclosure fraud crisis has been chaos for condo associations across the state as Florida condo unit owners have become delinquent in paying assessments. Often, strapped condo owners make arrangements with their lenders regarding deficiency judgments but fail to do the same with their condo associations.  It’s […]

What Happens When Out of State Homeowners Who Owned Florida Real Estate Face Bank Collection Efforts in Their Home State (or Country) Because of a Florida Foreclosure Judgment?: Domesticating Judgments

| April 16, 2013

For those who live outside of the State of Florida but who own or owned Florida real estate subject to foreclosure, the possibility of that foreclosure’s deficiency judgment being collected in your resident state is real. Florida Deficiency Judgments Have Five Year Statute of Limitations Deadline Deficiency judgments?  We’ve written a lot about deficiency judgments […]

Florida Legislature Annual Session Begins Today: Proposed Laws That Impact South Florida Home Owners In a Big Way Are on the Table

| March 5, 2013

Today, the 60-day annual session of the Florida Legislature begins, and the entire country is watching.  The next nine weeks are going to be a very important time for Floridians, especially Florida home owners. Things began with Governor Rick Scott’s State of the State address (read it here) but for Florida home owners and Florida […]

Florida House Bill 87 and “Foreclosure Reform” Passes Florida House’s Civil Justice Subcommittee: HB 87 is One Step Closer to Ending Judicial Foreclosures in Florida – This is Dangerous for Florida Home Owners and Florida Real Estate

| February 7, 2013

There’s a proposed law being pushed up in Tallahassee once again this year that aims to end Florida’s long-standing judicial foreclosure process, and this year it seems to be gaining strength, though it died a pretty quick death in its earlier version last year.  Perhaps you remember all the public outcry over this proposed legislation […]

Fast Florida Short Sales: Freddie Mac VP Forecasts Freddie Mac Short Sales Will Zip Through to Closing in the Future – What About the Deficiencies?

| January 24, 2013

The Federal Home Loan Mortgage Corporation (FHLMC), commonly known by its nickname Freddie Mac, is under the control of the federal government these days as the Federal Housing Finance Agency (FHFA) took over conservatorship of both Freddie Mac and Fannie Mac in September 2008.  Freddie Mac is under the oversight of this federal agency. It’s a […]

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