Recent Blog Posts
Foreclosure Question: Who Is A Third Party Bidder?
We received an interesting question, “When a holder of a first mortgage, who is a private individual, enters a bid at foreclosure auction greater than the amount of its mortgage, does that mortgage holder’s status change to a third-party bidder for purposes of the safe harbor provision under Florida law?” The simple answer to… Read More »
Top Mistakes Landlords Make
The following article was provided by Advantage Realty Services, an experienced and trusted property management firm that manages property in the Tampa, Wesley Chapel, Lutz, Odessa and Land O Lakes areas. We deliver a variety of management service for single-family and residential homes, including condos and townhomes. In order to become a successful landlord… Read More »
Conveying Title To Real Estate: As-Is V. Repair Limit Contract
Conveying Title To Real Estate: As-Is V. Repair Limit Contract By Shawn Yesner of Yesner Law posted in Title on Wednesday, March 15, 2017. Most sellers (and importantly some Realtors and attorneys) believe the As-Is Residential Real Estate contract is better for them to convey title to their property, because they’re selling the house… Read More »
Can Florida’s Homestead Exemption Be Used To Defraud Creditors?
When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower. In the case Havoco of America, Ltd. V. Hill, 790 So.2d 1018… Read More »
Forfeit Your Foreclosure Defense In Bankruptcy Court
In early October 2014, the Eleventh Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy cases in Florida too), decided the case of Failla v. Citibank N.A. The Court held that debtors who “surrender” their house in a bankruptcy case may not later oppose a foreclosure action against that house in state court…. Read More »
What Foreclosure Laws Did We Lose In 2017?
December 31, 2016, marked the end of many programs designed to help people in foreclosure: HAMP (Home Affordable Modification Program), HAFA (Home Affordable Foreclosure Alternatives), HARP (Home Affordable Refinance Program) and MDRA (Mortgage Debt Relief Act). What did we lose and what are the alternatives now that they’re gone? HAMP provided loan modification incentives… Read More »
Mortgage Deficiency, 1099 & Mortgage Insurance
The Mortgage Debt Relief Act seems to be gone for good. I’ve heard no news that Congress chose to keep it beyond December 31, 2016. What impact does this have on a homeowner who chooses to do a short sale, a deed in lieu of foreclosure, or loses the house in foreclosure? Typically the… Read More »
Can Bankruptcy Eliminate A Personal Injury Judgment?
We encounter personal injury judgments in two contexts: (1) the injured party or injured party’s insurance company has a judgment against you for a car accident, or (2) whether personal injury judgments can be wiped out in a bankruptcy case. The simple answer is that, yes, personal injury judgments can be discharged, or eliminated,… Read More »
Foreclosures To Increase In Florida?
On November 3, 2016, the Florida Supreme Court issued a decision that may increase the number of foreclosures filed in the State of Florida, when it issued its decision in Bartram v. U.S. Bank National Association. The Court held that Florida’s five-year statute of limitations applies to payments that are more than five years… Read More »
Can I File Bankruptcy If I Own A Business?
The simple answer is yes, you can file bankruptcy if you own a business. I’m not referencing a business that is failing that needs to file bankruptcy – that would be a Chapter 7 or Chapter 11. Instead I’m referencing someone who needs to file bankruptcy, either Chapter 7 Liquidation or Chapter 13 Reorganization,… Read More »
