Holiday Foreclosure Surprise: No Federal Income Tax on 2014 Short Sales

| December 30, 2014

Last week, before President Obama left the White House for his family holiday in Hawaii, he signed into law the Tax Increase Prevention Act of 2014. This is now the law of the land, just in time for the end of 2014, and shockingly, it passed both the House and Senate with bipartisan approval and […]

What Associations and Condo Owners Can Do About a Nonpaying Florida Condo Unit Owner

| November 25, 2014

In Florida, there may be more nonpaying condo owners causing headaches for condominium associations and their fellow condo owners than any other state in the country.   Our state’s real estate market is still recovering; Florida was often cited as number one in the nation for underwater mortgages and foreclosure filings. One result:  the hangover […]

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 […]

Did You Get A Letter From A Debt Collector For A Florida Mortgage Deficiency Related to a Foreclosure Or Short Sale?

| June 3, 2014

Last Update: 5/7/2017 What happens when you get a letter from a debt collector — like Dyck O’Neal — related a deficiency from a foreclosure or short sale of a Florida home? WARNING FROM US: First things first, please be aware that you should be on alert if you receive one of these debt collection […]

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 […]

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