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What are my Rights as a Renter When the Landlord is Being Foreclosed on in Florida?

If you are renting a home in Florida, and you find out the owner of the house is being foreclosed upon, you are not permitted to stop making payments to the landlord. The foreclosure process in Florida is often a long and drawn out one, which means it could take a year or more for the bank to actual ...

What are the Benefits of Short Selling After Bankruptcy in Florida?

When you declare bankruptcy in Florida, you know your credit is going to get bruised. It will take you a long time to build that credit back up, and if you are losing a home in your bankruptcy, it will be an even longer time before you can qualify for a mortgage again. In order to mitigate the dam ...

Do I Need to Defend a Foreclosure While Pursuing a Loan Modification in FL?

With the federal government encouraging loan modification for borrowers who might be upside down on their mortgages or defaulting towards foreclosure, many lenders are caught wondering whether they should foreclose, modify or both. Before the lawsuit settlement between 49 states and the five largest ...

The Probability of Lenders Pursuing Deficiency Judgments in Florida

When a mortgage lender forecloses on a home and the amount that is owed is more than the value of the home, the lender has the option to pursue a deficiency claim for the outstanding amount. This practice was not terribly common during the years of real estate profits because any time a foreclosure ...

Deficiency Claims in Florida

A deficiency claim can be made by a mortgage lender against a borrower when there is a foreclosure and the amount owed on the property, including attorney’s fees and court costs, is more than the amount of money that the property is worth. Deficiency claims in Florida were once rare, but with the va ...

What are the Necessary Steps for Eviction in Florida?

In Florida, landlords need to follow two different paths to eviction, depending on whether the termination of the lease is due to a nonpayment of rent or some other lease violation. When a landlord decides to evict for nonpayment of rent, a 3-day notice is required to the tenants before eviction pro ...

Principal Reduction and the Robo-Signing Settlement: What is Occurring?

Thanks to the signing of the National Mortgage Settlement in February of 2012, homeowners may owe less on their mortgages than they did previously. This settlement, which came as a result of the robo-signing scandal that showed banks were rushing through the foreclosure process on many homes witho ...

Strategic Default versus Continuing to Pay on an Upside Down Investment

When you are upside down on an investment, such as your home, it means you owe more than it is worth. Many homeowners in this situation are weighing their options, and often it comes down to taking one of two paths. They can either continue paying on a mortgage that may never allow you to make a r ...

Extension of the Mortgage Forgiveness Debt Relief Act

Homeowners who are considering a short sale of their homes received a much-needed reprieve last week. As part of the American Taxpayer Relief Act of 2012 (fiscal cliff bill), Congress voted to extend the Mortgage Forgiveness Debt Relief Act until December 31, 2013. This means that debt forgiven un ...

Short Selling After Bankruptcy

Common sense might tell you that getting rid of your home in a short sale is pointless if you have declared bankruptcy. Once you are officially and legally bankrupt, you will no longer owe any money to the bank on your house. So, why bother with a short sale? When you short sell your home, there a ...

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