by torrenslawgroup | Mar 14, 2022 | 2022, Attorney, Blog, Florida, Florida Judgments, Journeys of an attorney, National Association of Consumer Advocates ("NACA"), Real Estate Foreclosure Defense Attorney, Reflections of an attorney
Sometimes the practice of law can get so busy that it can be healthy to step back for a moment and reflect on what it is that you are doing after all. Recently, I have been putting some thought into the role of the lawyer and what my responsibility is as an advocate....
by torrenslawgroup | Jan 21, 2022 | 2022, Blog, Check the Surplus, Check with the Clerk of Courts 10 days after the sale of the home, Florida Judgments, There has been a change in the process of claiming Surplus claims, update to the process of claiming surplus funds, What happens to the surplus funds after your home is sold at auction?
If a purchase at a Florida foreclosure sale pays more than the judgment amount, there are surplus proceeds held by the Clerk of Court. There is a Florida law, Florida Statute 45.032, that governs how the surplus proceeds are to be disbursed. An important change has...
by torrenslawgroup | Oct 26, 2021 | 2021, Blog, Don't forget the the importance of Request for Admissions in your foreclosure case., Don’t forget to utilize all of the tools available to you through the litigation process., Florida, Florida Judgments, Foreclosure Defense against the bank, Foreclosures:, in mortgage foreclosure, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The Bank Must Be in Possession of Original Promissory Note at the time the foreclosure case is filed., The bank will have its lawyers, Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney
If you have been sued for mortgage foreclosure, don’t forget the importance of Requests for Admission. Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney, demanding that the lender make certain admissions. For...
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...
