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 […]

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 […]

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 […]

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

| June 3, 2014

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 letters: it is […]

Can a Florida Bank File a New Foreclose Lawsuit 5 Years After Your Case Was Dismissed? When is a Florida Bank Foreclosure Lawsuit Barred by the Statute of Limitations?

| April 29, 2014

Last Update: 03/16/16 Last Friday, the case of U.S. Bank National Association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its […]

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

| April 8, 2014

I believe in an effort to meet the July 2014 deadline related to Florida deficiency judgments, in appears as if Dyck-O’Neal has been 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 […]

Lost Notes in Florida Foreclosure Cases: Banks Must Prove Their Case With Valid Legal Documents

| April 1, 2014

Last Update: 03/16/16 Lost Note and Your Foreclosure Defense: How Can The Bank Foreclosure If They Cannot Find the Original Promissory Note? Even though the dust has settled here in Florida from all of the Foreclosure Fraud, and the mortgage fraud settlement is completed, there’s still a lot of foreclosure victims out there; we’re still […]

Florida Families After a Foreclosure: What Happens to Florida Households Post-Foreclosure? Good News as Foreclosures Don’t Block New Home Mortgages

| February 4, 2014

The impact of a foreclosure upon a family and its financial future has been the subject of many studies over the last several years, particularly after the recent Housing Crisis hit the United States. (For example, read the 2011 study by a Federal Reserve economist about “The Post-Foreclosure Experience of US Households.”) The logical thing […]

Comparing RealtyTrac and CoreLogic Foreclosure Reports for Florida: How Bad Is It in South Florida and Miami Today?

| December 24, 2013

The RealtyTrac® U.S. Foreclosure Market Report™ for October 2013 and the CoreLogic October National Foreclosure Report have been released to the public with some interesting insights about the real estate market today.  What can they tell homeowners and real estate investors about South Florida real estate and our Florida foreclosure bust? The Florida Foreclosure Numbers […]

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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