by torrenslawgroup | Oct 11, 2021 | 2021, Attorney, Blog, Florida Judgments, Foreclosure Defense against the bank, Foreclosures:, Lawsuit, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The bank will have its lawyers, Uniform Commercial Code allows foreclosure on loan modifications, Why should I hire a foreclosure defense lawyer?, you should too
When a bank or mortgage company is trying to foreclose on a note that has been sold numerous times, their most common strategy is to add an endorsement on the note called an “endorsement in blank.” For example, let’s say Bank ABC is your original lender and your loan...
by torrenslawgroup | Oct 4, 2021 | Attorney, Blog, Check the Surplus, Check with the Clerk of Courts 10 days after the sale of the home, Florida, Florida Judgments, Foreclosures:, in mortgage foreclosure, Real Estate Foreclosure Defense Attorney, What happens to the surplus funds after your home is sold at auction?, Why should I hire a foreclosure defense lawyer?
Under Florida Statute § 45.032, if a home in foreclosure sells at the foreclosure auction for more than the judgment amount, there should be surplus funds held by the Clerk of Court. So when this happens, who is entitled to that money? The answer: junior lienholders...
by torrenslawgroup | Sep 19, 2021 | 2021, Attorney, Blog, Do you have a "Suit Pending"?, Florida, Florida Judgments, Foreclosures:, in mortgage foreclosure, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, Redemption before foreclosure sale., Try To Resolve the Matter Before It's Too Late, Why should I hire a foreclosure defense lawyer?, you should too
One question we get a lot in our practice is “If I get foreclosed on, how far out is the sale date?” I will give you the legal answer first and then I will give you the practical answer. Under Florida Statute 45.031(1)(a), the foreclosure sale cannot be less than 20...
by torrenslawgroup | Sep 16, 2021 | 2021, Attorney, Blog, Florida, Florida Judgments, Florida Real Estate, Foreclosure Defense against the bank, Foreclosures:, Helpful Information, Real Estate Foreclosure Defense Attorney, Redemption before foreclosure sale., The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?, you should too
So what happens if a foreclosure judgment is entered against you and you find the necessary funds, whether through a loan or otherwise, to pay it off? Under Florida law (Fla. Stat. 45.0315), you have the right to pay off the judgment and save your property by paying...
by torrenslawgroup | Sep 12, 2021 | 2021, Blog, Do you have a "Suit Pending"?, Florida, Florida Judgments, Florida Real Estate, Florida Title Search, Foreclosure, Foreclosure Defense against the bank, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, Title and Closing, What is Lis Pendens?, What is the Florida rule for civil procedure?, Why should I hire a foreclosure defense lawyer?, you should too
When I sat for the Florida bar exam in February 2011, a gentleman sitting next to me piped up after the first session and asked “what the hell is a lis pendens? I wrote ‘action pending’ because I had no idea what that was.” Turns out, he was right! When a homeowner is...
by torrenslawgroup | Jul 25, 2021 | Attorney Fee Recovery, Blog, Can I Recover My Attorney's Fees?, Florida, Florida Judgments, Foreclosure, Foreclosure Defense against the bank, I Won My Foreclosure Case, Legal:, You have a right to an accurate accounting of your mortgage account
In the law, there is a principle called “standing.” What this means is that a Plaintiff (the party who files the suit) bears the burden of proving, as a threshold matter, that they have a sufficient stake in the outcome of the litigation to have legal standing to...
