Sawin & Shea

SEPTEMBER 6, 2023

If you’re considering filing for bankruptcy, you’re not alone; roughly 375,000 people filed for bankruptcy in 2022, and home foreclosure filings rose 115% in 2022 over the number of foreclosures in 2021. To many people, the most alarming thing about filing for bankruptcy is the possibility that they will lose their home.

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Jimerson Firm

MAY 26, 2021

Lenders need to be aware that borrowers and other lienholders can bring an action or proceeding to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage, even after the foreclosure sale. When Can the Foreclosure Sale Be Invalidated? Nationstar Mortg., Diaz , 227 So. 3d 726, 730 (Fla.

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Jimerson Firm

JANUARY 9, 2023

Did you win a foreclosure sale, only to find out later that you did not get what you thought you were bargaining for? If so, you then started wondering what you could do about it. 1st DCA 1996) (vacating the foreclosure sale due to a unilateral mistake and because the property was sold for inadequate consideration).

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Jimerson Firm

SEPTEMBER 28, 2020

A residential mortgage foreclosure action is initiated in Florida by filing a verified complaint with the appropriate court. It is important for the plaintiff to check the local rules in the county where the foreclosure action is filed to determine if there are any procedural requirements. 49.08, Fla. 1)(c), Fla.

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Jimerson Firm

MARCH 24, 2021

On Tuesday, March 23, 2021, four of our partners presented Properly Handling Mortgage Foreclosures. This webinar addressed what is new in foreclosures, including recent developments in the law since the last foreclosure crisis and how banks can utilize the law to their advantage. There is a tenant in the foreclosed property.

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Collection Industry News

SEPTEMBER 12, 2022

Illinois, Delaware and South Carolina had the Highest Foreclosure Rates; Completed Foreclosures Increase 28 Percent from Last Month. Foreclosure Market Report, which shows there were a total of 34,501 U.S. Foreclosure Market Report, which shows there were a total of 34,501 U.S. IRVINE, Calif.,

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Burr Forman

AUGUST 24, 2021

The CFPB’s servicing rules will prevent a large number of foreclosures,” Agnello said. About American Banker . The post CFPB Servicing Rule Aims to Stave Off Another Foreclosure Crisis – American Banker appeared first on Burr & Forman. For the full article, please click here.

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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?

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Roths Child Law

APRIL 16, 2021

Once foreclosure starts, you need to act quickly or risk losing everything you have invested in your home. The property at one time had an estimated value of about $24 million. Unfortunately, the tech executive who owned the home had financial issues and saw his property at risk for foreclosure auction multiple times.

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Debt Free Colorado

MARCH 3, 2023

Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. Learning about bankruptcy and how it works is the first step to take before filing for bankruptcy. Find out the answers to ten of the most frequently asked questions about bankruptcy in Littleton, Colorado. ” What is Bankruptcy?

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Credit Corp

JANUARY 5, 2021

They can range from expected W-2s from your employer to forms about mortgage interest you paid. You can also learn more about 1099-C cancellation of debt processes and the reasons you might receive such a form if you’re not sure whether yours is accurate. One form that many people don’t expect is the 1099-C.

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Account Recovery

FEBRUARY 16, 2023

I will admit that I scrolled past this ruling the first time I saw it — largely because it had to do with a mortgage foreclosure and because the ruling itself is really long (and I mean really long) — but someone who knows a lot more about the law in this industry pointed it … The post BK Judge Substantially Reduces Fee Award in Decade-Long (..)

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FFGN COLLECT NY

FEBRUARY 2, 2021

Anyone who has a lien on the property can join in on your mechanic’s lien foreclosure action which could include the general contractor and other subcontractors/suppliers. Common Defenses and Counterclaims That Arise During Mechanic’s Lien Foreclosure Cases. Crossclaims That Arise During Foreclosure Cases.

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Sawin & Shea

AUGUST 24, 2020

Every person’s situation is different, and it’s a wise idea to talk with a qualified bankruptcy attorney about your options. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. Consult with a bankruptcy lawyer about what your debt negotiation options are.

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Sawin & Shea

APRIL 26, 2023

Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. Chapter 13 Chapter 13 bankruptcy offers you protection from creditors and helps stop foreclosures and other creditor collection efforts. What Is a Judgment Lien? Do You Have a Judgment Lien Against You?

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Jimerson Firm

MARCH 19, 2021

When a lender holds a defaulted loan there are several issues that need to be considered before initiating a foreclosure. Lenders holding defaulted loans will first need to consider relevant Florida laws prior to beginning any foreclosure proceedings. Foreclosures are a state law proceeding first and foremost. Busey Bank, N.A.,

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Jimerson Firm

JUNE 30, 2021

However, lenders are not always the successful party in the foreclosure and, to the disappointment of the lender, the lawsuit may be dismissed. 2016) , lenders may be able to file a foreclosure lawsuit on the same property more than once. In this case, the mortgagee brought two foreclosure lawsuits against the mortgagor.

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Roths Child Law

MARCH 15, 2023

Most people are rather flippant about the prospect of losing a job. When they can't find a job that offers comparable pay, they may find themselves unable to pay their bills at all in facing foreclosure, repossession or lawsuits from creditors. They assume that they can just find another position elsewhere and will bounce back quickly.

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Jimerson Firm

JUNE 23, 2021

Therefore, lenders who have a mortgage interest in property, i.e., mortgagees, do not have a right to bring a quiet title action, unless it purchases the property at a foreclosure sale. Malt & Co. , 2d 53, 55 (Fla. 4th DCA 2008). Likewise, the holder of a nonexclusive easement cannot bring a quiet title action. 65.041, Fla.

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Collections Law

MARCH 10, 2022

If the owner does not pay for your work, the lien allows you to pursue payment through a judicial foreclosure. You also must be providing some sort of improvement to the property through materials or services.

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Credit Corp

MARCH 9, 2021

When you’ve missed a mortgage payment your mind may immediately spiral to foreclosure. Foreclosure. But, it should bring you some peace of mind to know that foreclosure is not the immediate consequence for missing a loan payment. Foreclosure doesn’t really come up until you’ve missed two or three payments.

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Sawin & Shea

APRIL 13, 2021

What you will learn from reading this article: Facts about selling your home while going through bankruptcy. Details about Chapter 7 and Chapter 13 Bankruptcies and your house. Can you sell your house if you are in a foreclosure situation? A Chapter 13 filing can stop foreclosure up to the point of a sheriff’s sale.

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Jimerson Firm

JANUARY 22, 2021

We have explored pre-foreclosure loss mitigation options ( Part 2) ; commercial mortgage default options including acceleration and enforcement of personal guarantees ( Part 3 ); and assignment of rents under Section 697.07, Florida Statutes (Part 4 ). Part 2: Pre-Foreclosure Loss Mitigation Options. Avoiding Lender Liability.

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Jimerson Firm

FEBRUARY 18, 2021

2] This result can be potentially disastrous to a mortgage lender that may lose the value of a first priority mortgage lien as security for the loan, and potentially have the mortgage subject to being foreclosed in a construction lien foreclosure lawsuit. Lien Priority / Relation Back. Authors: C. Ryan Maloney, Esq.

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Credit Corp

APRIL 26, 2024

This may influence which products we write about and where and how the product appears on a page. In some cases, cancellation can come about as an agreement between you and the creditor. Here, we’ll answer several common questions about this form and explain how canceled debt relates to taxes. Your mortgage is modified.

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Credit Corp

JANUARY 24, 2024

This may influence which products we write about and where and how the product appears on a page. Compensating Factors Your Lender May Take Into Account Other VA Loan Requirements How to Get a VA Loan After Bankruptcy or Foreclosure Who Qualifies for a VA Loan? Here’s an overview of how to get a loan after foreclosure or bankruptcy.

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Roths Child Law

SEPTEMBER 4, 2021

This is happening because of your overwhelming debt, which is also why you’re thinking about bankruptcy in the first place, so are the two areas going to be related? . Your foreclosure gets put on hold. Learning more about how the law applies to your situation can help.

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Roths Child Law

SEPTEMBER 4, 2021

This is happening because of your overwhelming debt, which is also why you’re thinking about bankruptcy in the first place, so are the two areas going to be related? . Your foreclosure gets put on hold. Learning more about how the law applies to your situation can help.

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Troutman Sanders

FEBRUARY 1, 2023

As of October 2022, only about $2 billion in relief funds have been distributed to approximately 150,000 households. A couple issues servicers may experience are: 1) requirements to pause foreclosure proceedings in certain instances, and 2) increased borrower disputes due to the complexity and delays in the state programs.

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Jimerson Firm

JANUARY 20, 2023

If a unit owner fails to pay, the association may record the unpaid assessment as a lien against the property and eventually file for foreclosure. If, after recording the lien, the delinquent assessment is still outstanding, the association may begin the foreclosure process. 718.116(6)(b), Fla.

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Roths Child Law

APRIL 6, 2023

It could even help you to save a home that is at risk of foreclosure. Speaking with an experienced legal professional can help to ensure that you’re able to make informed choices about this and other debt-relief options as you move forward.

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Credit Corp

JUNE 12, 2023

Learn what you need to know about the Flex Modification Program: how it works, who qualifies for it, and how you can apply. This program offers a flexible framework for loans that helps eligible borrowers to modify their monthly mortgage payments and avoid foreclosure. How Do Fannie Mae and Freddie Mac Work?

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Sawin & Shea

FEBRUARY 22, 2023

Saving Your Home From Foreclosure Through Chapter 13 Bankruptcy Chapter 13 bankruptcy offers a solution if you’ve fallen behind on monthly mortgage payments. This is even the case if you already have a foreclosure up to the point of the Sheriff’s sale on the home.

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Sawin & Shea

OCTOBER 25, 2023

You and your family can then stay at that property for about one week a year. Timeshares are a lifetime commitment, but many owners eventually want to sell because they get tired of paying the fees associated with the property when they only stay there about one week a year.

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Roths Child Law

APRIL 14, 2023

One of the primary reasons that you may be thinking about filing for bankruptcy is that you could benefit from the protection afforded by the automatic stay. If a foreclosure action is halted, you can work to save your home. If creditors stop demanding payment, you can catch your breath.

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Luftman, Heck & Associates.

APRIL 28, 2020

There’s a lot of confusion around about whether or not you can be evicted for not paying rent during COVID-19. Ohio hasn’t formally stopped evictions and foreclosures during the COVID-19 pandemic, though your local jurisdiction might delay the Read More. In Ohio, you must keep paying rent.

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Collection Industry News

MAY 18, 2021

While NAFCU supports efforts to stop abusive debt collection practices, the association had raised concerns about language contained in the bill that would expand the definition of a “debt collector” and increase risks to lenders. The House Thursday passed legislation making a series of reforms to debt collection requirements.

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