Sharing What I Know About
Florida Real Estate Law
Sharing What I Know About Florida Real Estate Law
AboutCharges against Goldman Sachs can Help Foreclosure Defenses on Main Street
The Securities and Exchanges Commission announced charges against Goldman Sachs for failing to disclose information to investors about the sale of mortgage investment vehicles which are at the center of today's foreclosure crisis. While this is a good first step in...
Lenders Beware – Foreclosure Lawsuits are Going to Trial!
It used to be when a homeowner fell into default, the bank could feel pretty secure that foreclosure proceedings would eventually lead to forfeiture of the property in question. Back then, a competent attorney could possibly forestall forfeiture of the home for a...
Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?
Last Update: 10/10/20 A question that often comes up in my practice is whether, and to what extent, creditors can garnish a client’s wages if a deficiency judgment is sought by a creditor after foreclosure. Under §77.01, Florida Statutes, every judgment creditor has...
Banks are Choosing Short Sales at an Increasing Rate
Recently, there has been an increase in the number of short sales of homes facing foreclosure. According to a recent article in The L.A. Times entitled “Short sales grow as a cheaper alternative to foreclosure,” short sales have quadrupled during the first 9 months...
Are Foreclosure Defenses Stopping Mortgage Foreclosures?
The sad reality of today’s housing market is that a vast majority of homeowners are unaware that lawyers around the country are raising defenses that are effectively stopping mortgage foreclosures in their tracks. Banks are hoping that this message doesn’t reach the...
Are Prime Borrowers in Florida The Most at Risk for a Deficiency Judgment?
I have written several blog posts relating to foreclosure and deficiency judgments. Generally, most of the people who are in foreclosure have very little assets outside of their home and most are unemployed, which makes the possibility of a deficiency judgment...
Larry Tolchinsky contributes to a Bloomberg.com article on Deficiency Judgments
Insight from attorney Larry Tolchinsky contributed to a recent article on Bloomberg.com entitled “Lenders Pursue Mortgage Payoffs Long After Homeowners Default.” The article, written by Kathleen M. Howley, summarizes the concept of deficiency judgments and raises the...
What Is Undue Influence in Florida?
In South Florida, especially, the law is particularly sensitive to the many distinct abuses that may be perpetrated against the elderly, including physical mistreatment, neglect and undue influence. To be sure, undue influence is much harder to spot than physical...
Explanation of Creditors’ Claims under Florida Probate Law
If you are appointed a Florida Personal Representative to administer a deceased person’s estate, you may have to deal with creditors’ claims against the estate, which can be tricky. Your Florida probate attorney will know exactly how to handle a claim, including...
Florida Deficiency Judgments – What is Fair Market Value?
A deficiency in the Florida mortgage foreclosure setting is the difference between the value of a lien on real property (the amount due to fully satisfy a debt) and the price obtained by the creditor-mortgagee after foreclosing on the property. For example, if you owe...
