Are HOA Legal Fees Directly Chargeable to the Owner Fighting a Foreclosure in Florida?
According to Florida law, HOAs are entitled to any late fees, interest accrued and even attorney fees incurred as a result of past due assessments whether or not the association filed a foreclosure suit against you. If your lender forecloses on your home or condo, they can declare your associatio ...
Can You Lose Your IRA if You Are in Foreclosure in the State of Florida?
A deficiency judgment occurs when a foreclosed home sells for less than the balance owed on the mortgage loan; in the state of Florida, your lender has the legal right to file suit against you in order to garnish your financial assets and recover the difference. If you are facing foreclosure, you ma ...
Should I File for Bankruptcy if a Mortgage Insurance Company Sends me a Deficiency Letter After my Home Was Foreclosed?
After a foreclosure, you may be surprised to find that the nightmare is far from over, but if your mortgage lender is unable to recover their entire loan balance after a foreclosure sale, you’re still very much along for the ride. A deficiency occurs when a mortgage lending institution is unable ...
Are Blank Endorsements Enforceable in the State of Florida?
If you’re facing foreclosure, you may be wondering whether your lender does in fact have a claim to your property based on poorly or wrongly executed negotiable instruments such as a mortgage Note. Most often, individuals wrongly presume that a blank or unsigned endorsement makes their Note unenfor ...
The Protecting Tenants in Foreclosure Act Explained
The Protecting Tenants in Foreclosure Act took effect on May 20, 2009 to protect tenants from eviction because of foreclosure on the properties they occupy. This Act applies to cases of foreclosure on a “federally-related mortgage loan, any dwelling or residential real property.” Under the Protec ...
Does Florida have a Rent Control Ordinance that Caps How Much Rent can Increase from Year to Year?
Rent control is a topic of interest for many tenants and landlords alike. It refers to laws and regulations that dictate how much a landlord can increase the rent charged to tenants. While cities like New York are renowned for their rent control systems, the situation in Florida is different. Let's ...
What Does Writ of Possession Mean?
Updated: 6/2/23 A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction la ...
In the State of Florida, can an HOA Foreclose on my Home After Placing a Lien on it Due to Non-Payment Even if My Mortgage is Current?
Updated: 6/2/23 Can your Homeowners’ Association (HOA) foreclose on your home if you’ve defaulted on assessment fees? Yes! In fact, per Florida law, your homeowners’ association can potentially foreclose your property even if you are current on your mortgage. If you’ve fallen behind on HOA fee ...
Can a Trustee Claim a Security Deposit in Bankruptcy?
Though one can file a petition for relief under a number of chapters in the Bankruptcy Code, consumers most commonly file for liquidation under Chapter 7, which involves a court-appointed trustee collecting nonexempt assets from the petitioner or debtor in order to pay its creditors. Generally a tr ...
In the state of Florida, can my landlord evict me if my lease has expired and the house is in foreclosure?
Wondering what your options are when your lease has expired and the house in foreclosure? In the state of Florida, in certain circumstances your landlord can evict you, but there are many ways to stay on good terms and avoid eviction. When dealing with tenant issues, keep in mind the Protecting T ...
