Blog Topic

Foreclosures

Losing your home to foreclosure, blogs about foreclosures.

Florida Supreme Court Adopts Mediation Program for Residential Foreclosures
Posted by: Marlyn Wiener
January 24, 2010

On December 28, 2009 Florida Supreme Court Chief Justice Peggy Quince signed an Administrative Order adopting the recommendations of the court's Residential Mortgage Foreclosure Task Force requiring mediation in residential mortgage foreclosure cases. Trained mediators will try to help the lender and borrower reach an agreement. Only borrowers with homesteaded properties are eligible.

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Documentary Stamps Tax: The Hidden Cost of a Deed in Lieu of Foreclosure
Posted by: Marlyn Wiener
January 07, 2009

Many owners of property in distress consider a deed in lieu of foreclosure; deeding the property to the mortgage lender. Negotiation of a deed in lieu of foreclosure is a complicated process typically involving the lender's review of the borrower's current financial information, evaluation of the property's fair market value, and investigation into the title to the property to identify any other liens and interests.

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Worst Case Scenarios ? Consequences of a Deficiency Judgment
Posted by: Marlyn Wiener
October 31, 2008

Property owners in distress contemplating the consequences of a foreclosure of their real estate are justifiably concerned about the prospect of a lender obtaining a deficiency judgment after Sherriff's Sale. Although mortgage lenders have not been seeking deficiency judgments on a consistent basis, the legal right to seek them exists. What are some of the consequences of a deficiency judgment?

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Another Home Lost to Foreclosure of an HOA Lien
Posted by: Marlyn Wiener
April 16, 2008

I continue to be surprised by the general level of misunderstanding regarding the rights of HOAs and Condo Associations to foreclose under liens for delinquent assessments. HOAs and Condo Associations have the right (and many are exercising that right) to foreclose on a lien for delinquent assessments just like a mortgage lender foreclosing on a mortgage on a property.

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Foreclosure: Beware of Continuing Financial Liability After The Sheriff's Sale
Posted by: Marlyn Wiener
December 27, 2007

I received a question today regarding continuing liability after a home has been lost to foreclosure. The homeowner wanted to know if he fell behind in his mortgage payments and lost the home in foreclosure, would he have any further liability.

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Losing your home to foreclosure of an HOA Lien: Yes, it can happen to you!
Posted by: Marlyn Wiener
December 27, 2007

I have received many calls from homeowners during the past few months who have fallen behind in the payment of homeowner's association assessments. Liens for unpaid assessments were filed against their properties by their HOAs.

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