Can A Bank Lose The Right To Collect Taxes And Insurance From A Homeowner?

| October 17, 2017

In Florida, banks are governed by federal regulation as well as state law. This means that any Florida homeowner involved in a controversy with their mortgage lender needs to understand their rights and protections provided both by Washington, D.C. and Tallahassee. One issue that is often a source of friction between a homeowner and his […]

Is Dyck O’Neal Trying To Garnish Your Bank Accounts and/or Wages?   

| August 22, 2017

Unfortunately, foreclosures are still a common occurrence in Florida. What’s worse is that the financial devastation does not end with losing a home. That’s because banks have the right to purse a “deficiency judgment” against the homeowner when the foreclosure sales proceeds are not sufficient to pay the bank all of the money it is […]

2 Cases of Banks Failing to Honor Mortgage Modifications in Florida

| July 25, 2017

Homeowners have been successful in enforcing mortgage modifications against foreclosing banks in Florida. Mortgages are Contracts Home mortgages, just like any other contract, can be changed (or modified) by the parties to the agreement.  Over the last several years, banks have provided countless homeowners the opportunity to save their homes by offering mortgage modifications that […]

Beware When Buying A Florida Foreclosure Or Distressed Property? Did Your Real Estate Agent Give You Advice?

| January 26, 2016

In Florida, foreclosures are still happening even though the official “foreclosure fraud crisis” has passed. (Read more about that in our free Foreclosure Fraud e-book, “The Non-Lawyer’s Guide to Foreclosure Fraud 2011.”) Today, there are still homes owned by people who are teetering at the edge of the foreclosure cliff. And, there are a large […]

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 […]

Vantium Capital – Strategic Recovery Group – Update on Florida Deficiency Judgment Collection Efforts

| June 27, 2014

Quick Update on Florida Deficiency Collection Efforts Recently, we have been receiving calls about Vantium Capital – Strategic Recovery Group – which is a Texas based company who is trying to collect on old Florida foreclosure judgments.  In the files I have reviewed, Vantium enters into a collection agreement with Fannie Mae, who was the […]

Collins Asset Group, LLC – Another Florida Debt Collector Seeking to Beat The July 1, 2014 Deadline For Old Deficiency Judgments

| June 13, 2014

I received a call today about another debt collector seeking to beat the July 1, 2014 deadline for collecting on old deficiency judgments –  Collins Asset Group, LLC –  a company located in Austin, Texas. The documents I reviewed were from a 2008 foreclosure lawsuit by IndyMac Bank.  This collection effort is different from the […]

In Florida, Shared (Joint) Ownership Can Be a Big Problem If a Creditor Stakes a Claim Against the Property in Joint Tenancy with Right of Survivorship

| December 17, 2013

Last Update: 10/28/17 In Florida, two people can own a piece of real estate (like a single family residence or a vacation condo) together even if they aren’t husband and wife, or related in any way. The most common form of ownership, where more than one person owns an interest in Florida real estate, is […]

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