Florida Court Says Foreclosure Law Firms Can’t Charge for Serving “Unknowns”

A foreclosure law firm violated state law by charging homeowners for summonses served on “John and Jane Doe” and other unknown parties who may have claims on the property. It is common practice for law firms to serve foreclosure paperwork on homeowners, as well as separate summonses for “unknown tenant,” or “unknown spouse,” even if the borrower is single and is not renting out the property.

Read More

Miami Home Prices Are Up 11.3% in 2012

Home prices in the Miami area rose 11.3 percent in August from a year earlier, beating a national average gain of 4.6 percent. Excluding distressed sales, home prices in the Greater Miami area, including Miami, Miami Beach and Kendall, rose 9.9 percent in August from a year earlier. Miami area prices went up 0.1 percent in August from July.

Florida prices rose 6.9 percent statewide in August from a year earlier, or 6.3 percent excluding distressed deals.

Read More

Options for Florida Homeowners with Homes that are “Underwater”

What are your Options if your House is Underwater? More and more Floridians are coming to the unsettling realization that their homes are now worth less than they owe on their mortgage(s). This unfortunate scenario is commonly referred to as your house being “underwater.” One of the most common questions that clients ask is “What are my options if my house in underwater?”

Read More

Is the U.S. Headed Toward Bankruptcy?

Presidents have been warning for decades of the dangers of this country’s debt and deficits. But the big question is why this time is different? Is this the year we finally start to get our nation’s finances in order? One argument is that with the current President and Congress, it does not seem likely. Either way, it is going to be a very challenging road.

Read More

Consumers Seeking Bankruptcy Advice on Avvo.com Reaches All-Time High

Avvo, Inc.’s latest Avvo Legal Advisory shows that bankruptcy is one of the top legal topics for many in the United States as questions in Avvo’s Q&A forum regarding bankruptcy reached an all-time high. Despite research from the National Bankruptcy Research Center stating that U.S. personal bankruptcy filings decreased by 13% in the first half of this year, consumers asked nearly 10,000 bankruptcy-related questions on Avvo.com

Read More

How Many Times Can You File Chapter 7 Bankruptcy?

Chapter 7 exists to help you get out of debt quickly and easily. It is easy to file for Chapter 7 bankruptcy and you can do it hundreds of times. However, the issue is whether you can get a discharge of your debts. The U.S. Bankruptcy Code places limits on how often you can get a discharge. Under the Code, you must wait 8 years from the time you first filed Chapter 7 until you can get a second Chapter 7 discharge.

Read More

The Unaffordable Bankruptcy

For many people Bankruptcy can be a path to salvation, but sometimes there are situations or people with particular financial goals in mind for whom bankruptcy may not work. For example, a situation may occur where the debtor has an asset that he wishes to keep but which would be sold in a chapter 7 case. Because he wants to keep the asset, he would have to file Chapter 13.

Read More

Does Florida Have a Culture of Delinquency?

A new report from real estate services provider Zillow found that while Florida is not the worst state for negative equity, Florida’s borrowers have disproportionately high delinquency rates on their loans. In Miami-Ft. Lauderdale, 43.7% of borrowers are underwater, while 24.9% of them have missed at least three months of payments. In Tampa, where 46.6% are underwater, 17.6% haven’t made payments for three months.

Read More

Florida’s Wage Garnishment Exemption Applies in Bankruptcy

Florida’s Wage Exemption Statute provides protection for those who meet the definition of “head of family” and are facing a judicial garnishment or filing for bankruptcy. A head of family who pays for more than 50% of a dependent’s living expenses cannot be garnished if their net income after deductions is less than $750 per week. If the head of family earns more than $750 per week after deductions, then they can only be garnished on the amount that exceeds $750 if they signed a written waiver allowing a creditor to seize income.

Read More

WARNING! You are approved for a full principal forgiveness of your Home Equity Account.

A client recently came in to my office with a letter she received from Bank of America stating that her Home Equity account had been approved for participation in a principal forgiveness program offered as a result of the Department of Justice and State Attorneys General global settlement.

The letter goes on to explain that the entire balance and any accumulated fees, interest, etc.

Read More

Lawyer Emil Fleysher | Featured Attorney Bankruptcy    SuperLawyers_Bankruptcy_Attorney    thepalmbeachpost    bba    nacba    Lawyer Emil Fleysher | Featured Attorney Foreclosure

Any information on this website is not intended to be communicated as legal advice. All information contained on this site is general and intended for information purposes only. For detailed legal advice regarding your loan modification, foreclosure, and/or bankruptcy needs, please schedule an appointment with the attorney. The Law Office of Emil Fleysher, P.A. is a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.