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: 08/01/16 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 […]

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 […]

Florida Foreclosure Help Scams and Mortgage Relief Fraud: Con Artists Prey on Florida Homeowners and Borrowers Promising to Help Fight Foreclosure – Don’t Be a Victim

| August 13, 2013

Florida foreclosures are still a big problem for Florida borrowers; Florida homeowners; Florida lenders; and everyone else in the State of Florida impacted by the Florida housing industry or Florida real estate market. Yes, that’s pretty much everyone here in Florida. Enter the fraudsters: con artists who see borrowers in a foreclosure situation not with […]

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” […]

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