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October 10, 2021 – Does The Bank Really Have Legal Standing to Foreclose on My Loan Modification?

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...

October 4, 2021 – Don’t Forget About The Surplus!

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...

September 19, 2021 – When Will The Foreclosure Sale Be?

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...

September 16, 2021 – Your Right to Redeem a Foreclosure Judgment.

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...

September 12, 2021 – What is Lis Pendens?

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...