December 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 observation 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 County is the 2nd largest County in Florida by population) – Last week the number of foreclosure filings was 248 which is up slightly since the last time we reported the number of weekly foreclosures.
2. Refiling of Old Foreclosure Cases – the banks don’t want to let go of those cases that they voluntarily dismissed or those cases that were dismissed by the court for lack of prosecution or for failure to comply with standing court orders. We are seeing more and more cases being refiled – (in a lot of instances these cases are being refiled by the Choice Legal Group). I guess with the changes in the law related to lost notes and/or lost Notes being “found”, the banks are trying to take another bite of the apple.
3. Florida Deficiency Filings – Based upon the number of calls we are receiving, there has been a reduction in the number of deficiency judgment cases being pursued by Dyck O’Neal – however, a number of homeowners are just now being served on cases filed before the July deadline (due to homeowners either having moved out of state or having never lived in the State). Read:
- Is a Dyck O’Neal Lawsuit Valid if it is Served After July 1, 2014?
- Did You Get A Letter From A Debt Collector For A Florida Mortgage Deficiency Related to a Foreclosure Or Short Sale?
4. Foreclosure Defenses – the one question that we still are asked by clients relates to lost promissory notes. See:
5. Foreclosure News – The 3rd District Court of Appeal in Florida issued an opinion (Deutsche Bank Trust v. Harry Beauvais) which stands in contrast to the Bartram case – which dealt with the issue of whether or not a Florida Bank can file a new foreclose lawsuit 5 years after a foreclosure lawsuit is dismissed. The result of this conflict will require the Florida State Supreme Court to consider this very important issue and hopefully resolve the issue once and for all. Stay tuned.
Do you have questions or comments? Then please feel free to Chat with Larry in the comments below, at email@example.com, or (954) 458-8655. If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments.