What is a "Final Judgment" and why should I care?
By: Emil Fleysher | July 11, 2012 |
Bankruptcy
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
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South Florida Bankruptcy Filings Continue to Fall
By: Emil Fleysher | July 3, 2012 |
Bankruptcy
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;
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Florida Grabs a Chunk of Foreclosure Settlement Money for State Budget
By: Emil Fleysher | |
Bankruptcy
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
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Lenders Prefer Short Sales to Foreclosures
By: Emil Fleysher | |
Bankruptcy
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
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Voluntary Dismissals and Foreclosure Paperwork Irregularities Examined
By: Emil Fleysher | |
Bankruptcy
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
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Forced Placed Homeowners Insurance Policies
By: Emil Fleysher | |
Bankruptcy
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,
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National Mortgage Settlement
By: Emil Fleysher | |
Foreclosure
National Mortgage Settlement seems to take some time. As part of the national mortgage settlement signed in March of 2012, Chase, Bank of America, Citigroup, Wells Fargo, and Ally Financial have agreed to offer at least $10 billion in loan forgiveness or principal reduction. In fact, they are offering it to an estimated 11.1 million
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Nationstar Buying up Mortgage Servicing Rights
By: Emil Fleysher | June 21, 2012 |
Debt
Bank of America Corp. has released roughly $10.4 billion in residential mortgage-servicing rights to Nationstar Mortgage Holdings Inc.; as Bank of America looks to alleviate a portion of its mortgage-servicing obligations. This is only a small piece of more than $430 billion mortgage-servicing rights or MSRs. This then makes Nationstar the largest non-bank mortgage servicer
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TBE Pitfall in Florida Bankruptcy Law
By: Emil Fleysher | May 14, 2012 |
Bankruptcy
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.
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Lien Stripping on TBE Property in Chapter 13
By: Emil Fleysher | |
Bankruptcy
When deciding whether to file a Chapter 13 Bankruptcy together with your spouse, there is a new interesting factor to consider. In a recent case, the next thing happened. Judge Cristol denied a Chapter 13 Debtor the ability to strip a lien off of his home. Lien stripping is a great benefit of Chapter 13.
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