While many blog writers, including myself, often focus on homeowners in financial distress, Tenants are often victims of either their own financial distress or the financial distress of their landlord. This article will examine the eviction process from a lawyer’s viewpoint for both the landlord
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07/27/2014
Several times a week I get calls from people that have purchased or want to purchase at a Tax Deed Auction or a Foreclosure Auction. Often they ask which is better. The answer itself is not all that difficult, but the issues behind the answer are very complex. Agents and Brokers should under
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07/26/2014
While in the foreclosure trial court for hearings last week, there was a string of lawyers for banks asking the judge to cancel already scheduled foreclosure sales because of pending short sales. Each borrower attorney agreed. The learned judge could either grant each cancellation and allow the
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06/14/2014
July 1, 2014 is coming! With the new Florida law limiting the collection of deficiency judgments on short sales and foreclosures, that is the deadline deficiency claim for any foreclosure or deed in lieu that occurred before July 1, 2013 to be filed! Almost 4 years ago I was talking about the
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06/01/2014
A district court of appeal this past week decided that acceleration of a note and mortgage can occur multiple times for different defaults, continuing the decision of sister courts that seems to fly in the face of logical reasoning according to many foreclosure defense attorneys. In 5D12-3823 U.S
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04/25/2014
The Mortgage Debt Relief Act of 2007 has saved countless taxpayers from devastating IRS tax bills for "forgiven debt" resulting from lenders forgiveness of deficiencies from foreclosures, deeds in lieu of foreclosure and short sales. But the Act has expired for any transactions that closed (or o
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03/02/2014
Fannie Mae through its servicer Wells Fargo has a new letter regarding "suggested" pricing for a short sale. The letter - copied below in redacted fashion - provides some interesting insight into the lender's internal concepts with an eye toward how lenders have been hurt in the past by making p
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02/06/2014
Getting scammed is something buyers and their Realtors can fall into very easily. Take the recent example of the exploits of criminal Robert Tribble of South Florida who is now in jail. Advertising on Craigslist as a friend of those that can’t qualify to buy a home with traditional financing, h
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01/07/2014
30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence - exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended date,
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11/30/2013
For those homeowners and former homeowners that did a “strategic default” or just ignored (OR ARE IGNORING) the mortgage foreclosure filed against their property, a strong wake-up call occurred last month when Fannie and Freddie were told to start collecting on these potential income sources to s
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10/20/2013
