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Fleysher Law Blog

Why didn’t my attorney strip my 2nd mortgage in my Chapter 7 Bankruptcy filed last year?

A woman who had read my article in the Palm Beach Post regarding stripping 2nd mortgage liens in Chapter 7 Bankruptcy recently asked me this question. She states that she saw in my article that “a new case allows the 2nd mortgage to be stripped off with a Chapter 7 Bankruptcy”. And, that her bankruptcy attorney filed her Ch. 7 Bankruptcy last year without stripping off the 2nd mortgage. She

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calculating household size

A New Approach to Calculation of Household Size in Bankruptcy

On July 11th, 2012, the United States Court of Appeals for the Fourth Circuit affirmed a decision by the United States Bankruptcy Court for the Eastern District of North Carolina that developed a new method of calculating household size. Before this case, there were three methods that courts looked at to determine household size. The “heads on beds” approach simply counts the number of people who have lived in the

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Emil Fleysher Quoted in Recent Report on CoreLogic CoreScore Model

A recent article written by CreditCards.com reporter Kelly Dilworth quotes several resources; including Emil Fleysher in discussing the potential effects and implications of the new CoreScore model of credit reporting from Core Logic. Emil Fleysher has previously written 2 articles on the topic that you can find on FleysherLaw.com Blog. To read the full article please visit the following link… FICO introduces new, less traditional credit score If you have

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final judgment

What is a “Final Judgment” and why should I care?

A final judgment is the Judge’s final decision in a case as recorded in the files stored in the Office of the Clerk of Courts. The name for the party that sued you and obtained the judgment is “judgment creditor.” The judgment creditor can obtain the right to proceed against your property through a writ of execution, garnishment, or other judicial processes. A judgment becomes a lien when a certified

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Bankruptcy Filings

South Florida Bankruptcy Filings Continue to Fall

South Florida bankruptcy filings were down substantially in the 2nd quarter, compared to last year; according to data released by the U.S. Bankruptcy Court for the Southern District of Florida. Personal bankruptcy filings (Chapter 7 & Chapter 13) in Palm Beach, Broward, and Miami-Dade counties totaled 7,194. This is from April through June of 2012; down 23% from 2011. Bankruptcy filings can be linked in large part to the rate

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Florida Grabs a Chunk of Foreclosure Settlement Money for State Budget

Out of $334 million in cash payments sent to Florida in a multibillion-dollar mortgage settlement with major banks, more than $33 million will help strengthen the state’s budget. In fact, Florida is one of several states taking a portion of the $2.5 billion in cash payments from banks. And, Florida is using it for programs not directly related to the foreclosure crisis. So, Florida’s total take in the $25 billion

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Lenders Prefer Short Sales to Foreclosures

Short sales are exceeding the number of foreclosure sales in South Florida. Broward County had 1,831 short sales in the first three months of 2012, compared with 1,476 foreclosure deals. On a quarterly basis, this is the first time short sales have outnumbered foreclosures in Broward since early 2008. Short sales also exceeded foreclosures in Palm Beach County and across Florida from January through March. Banks are more motivated to

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Voluntary Dismissals and Foreclosure Paperwork Irregularities Examined

The Florida Supreme Court got a request. It has to do with the prevention of lenders from escaping sanctions for using fraudulent documents by filing voluntary dismissals. The issue is whether courts have the authority to reject the voluntary dismissals of the cases. And, instead impose sanctions, including dismissing the foreclosures with prejudice. Attorneys asking for dismissal with prejudice argue. They state that the current system allows every party who

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Forced Placed Homeowners Insurance Policies

If you think your homeowners insurance is too expensive, then you would be interested to hear Mark Kunzelmann’s story. Mr. Kunzelmann is a 49-year-old network specialist. Just over a year ago, he let the policy on his four-bedroom, North Palm Beach home expire. But you would not believe what the oversight, which was later remedied, cost him, approximately $10,000 for a few months’ worths of coverage. If your home is

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TBE Pitfall in Florida Bankruptcy Law

In Florida, there exists an exemption in bankruptcy called Tenancy by the Entirety (TBE). TBE is a collection of property that can only exist between a husband and wife where both spouses own and control the entire collection. This property is exempt from creditors who own an individual debt in one of the spouse’s name. However, this property is not exempt from creditors who hold joint debts of both spouses.

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