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October 9, 2021 – The Practical Challenges of Perfecting An Appeal of A Foreclosure Judgment

One question I get a lot in our law practice is “If I lose the foreclosure case and I appeal, is the foreclosure sale automatically cancelled?” Pursuing an appeal after suffering a foreclosure judgment can be challenging and complicated. The main reason is the...

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 25, 2021 – The Reality of Mortgage Deficiency Actions in Florida

One of the common questions we get in our law practice is “If I agree to give up my property in foreclosure to the bank, do I still owe money on the mortgage?” This, of course, is an excellent question and should top of mind for anyone considering settling a mortgage...

September 19, 2021 – On Visiting New York City’s Fountain Pen Hospital

Most would not know this, but every post I write for this blog is handwritten with a fountain pen. As someone with ADHD, I like to write by hand because it allows me to write without the distractions of the computer (i.e. “let me check e-mail real quick!”) I have also...

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...