Jimerson Firm
JANUARY 28, 2021
When a lender obtains a final judgment of foreclosure from the court, the mortgaged property is sold at public auction and, if bought by someone other than the foreclosing lender, the proceeds are applied to the debt owed by the delinquent borrower. Procedure For Getting a Deficiency Judgment. Compass Bank , 164 So. 702.06, Fla.
Jimerson Firm
DECEMBER 8, 2020
The Florida Supreme Court has published the proper form to use when seeking a final judgment of foreclosure: Form 1.996(a), Final Judgment of Foreclosure (8-18-20). Last year, the Form was amended again to add a reference to Section 83.561, Florida Statutes and the rights of a tenant occupying foreclosed residential property.
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Jimerson Firm
MAY 19, 2021
Although a lender may have won the battle by obtaining a final judgment of foreclosure from the court, it may not win the war. Although a lender may not be able to avoid this from happening, it should be aware of how and why their final judgment of foreclosure may be set aside. Why Would a Final Judgment of Foreclosure be Set Aside?
Jimerson Firm
OCTOBER 22, 2020
Then, if necessary, the parties will conduct discovery and the plaintiff will seek to end the lawsuit by filing a motion for summary judgment or setting the case for trial in the event there are factual issues in dispute. Barnett Bank of Alachua Cty., The Complaint to Foreclose the Mortgage. Lake & River Recreational Props.,
Jimerson Firm
JULY 30, 2020
Bank of America, N.A., 3d DCA 2006) (“In Florida, an acceleration clause in a mortgage confers a contract right upon the note or mortgage holder which he or she may elect to enforce upon default.”). Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. Bank of Montreal, 542 So.
Jimerson Firm
MARCH 12, 2021
Intercredit Bank, N.A. , Flagship Cmty Bank , 96 So. The recipient clerks will record the decrees in the foreign judgment book. Florida courts have found that the exception to the local action rule found in Section 702.04 applies to “both contiguous and non-contiguous real properties.” 2d 863, 864 (Fla. 3d DCA 2006). Conclusion.
Jimerson Firm
FEBRUARY 15, 2021
Before a foreclosing lender can obtain a final judgment of foreclosure at a motion for summary judgment or trial, many courts have created a checklist of documents that must be filed before the hearing/trial date. However, the required documents that must be filed to obtain a final judgment of foreclosure vary in each county.
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