Served By Mortgage Guaranty Insurance Company in a Lawsuit

If you were just served in a deficiency lawsuit by Mortgage Guaranty Insurance Company, it is important for you to act quickly and understand who they are, and why they filed a lawsuit against you

Mortgage Guaranty Insurance Company is a mortgage insurance underwriter that underwrites a wide range of home loans throughout the United States. Generally, Mortgage Guaranty Insurance Company, is paid a portion of your mortgage payment on a monthly basis to pay the premium of this insurance. This insurance provided is not for your protection, it is for the BANK!

What is Mortgage Insurance?

Mortgage Insurance (“MI”) basically works as a way for the bank to get paid if you miss a payment or default on your loan. The MI Company, in this case Mortgage Guaranty Insurance Company, will write the bank a check for a given amount as directed by the agreement, oftentimes paying the bank in full on the Mortgage they wrote to a borrower. If Mortgage Guaranty Insurance Company paid out a claim, the bank could assign its right to seek a deficiency in a foreclosure action or Mortgage Guaranty Insurance Company became automatically able to attempt to collect on the deficiency.

Mortgage Guaranty Insurance Company will file a deficiency lawsuit against you to try to collect this amount.

This is why you have been served, the Mortgage Guaranty Insurance Company lawsuit is an attempt to make you, as the borrower, personally liable for any amount they could not recoup from the initial mortgage amount. This can have significant consequences on you and will often be brought up years after the initial foreclosure lawsuit was brought against you. Mortgage Guaranty Insurance Company’s lawsuit for a deficiency revolves around what they paid out and the value of the property as of the date of the foreclosure sale. Understanding what this means, and how to properly defend or settle it is extremely important.

If Mortgage Guaranty Insurance Company is Pursuing you for a deficiency, you have options!

Being served in a deficiency lawsuit can add a lot of stress to your life. Throughout the past few years, I have represented individuals throughout the state of Florida in deficiency lawsuits. There are a number of options available to you, and meeting with an experienced deficiency defense attorney can be a tremendous help. If you have just been served in a lawsuit I am offering, for a limited time, a free consultation to meet with me, either in person or on the phone, to discuss your case. You can call my office at 813.502.6768 or e-mail me to set up your FREE CONSULTATION if you have just been served. If you have a pending suit, or were served more than 20 days ago, a small fee may apply.

Posted in Deficiency Judgment, Mortgage Guaranty Insurance Company

Dyck O’Neal Lawsuit Dismissed Without Prejudice – Can’t Refile

Dyck O’neal Lawsuit – they failed to read notices included in Motions and Notices, their case got dismissed!

Another good day! If you have read my blog recently, you’ll know that there is no greater day for me as attorney than to call a client and let them know that a Judge has dismissed their case. What is even rarer about these situations is when that dismissal of the lawsuit was obtained, the Plaintiff misses its deadlines to file a notice of rehearing or appeal, and as a result of their inaction, acknowledges it cannot refile because the statute of limitations has passed on its claim. This is exactly what happened, in a Dyck O’neal lawsuit, late last year and has now finally come to a conclusion for the time being.

In this Dyck O’Neal Lawsuit, the defense that I used that was successful in obtaining dismissal has been around in Florida for over a century, and requires only minimal efforts for a Plaintiff to overcome. A dismissal on cases using this defense is extremely rare and is partly due to both attorney inaction and a court system that is overloaded by the filing of deficiency lawsuits and wants to quickly resolve cases. But alleging the defense wasn’t the hard part. Having it be successful, in part was, as Judges throughout the state have differing opinions on the proper remedy for this defense. However, the most difficult part was knowing what to file after obtaining the court order dismissing Dyck O’neal’s lawsuit without prejudice (meaning they could technically refile) was the more difficult aspect of keeping Dyck O’neal’s lawsuit dismissed.

How is a final order not final?

Thanks to a principal at law (really, it’s what gives innocent individuals a right to be found innocent in a court of law in criminal court and what gives home owners the right to challenge foreclosure lawsuits in Florida) called Due Process, this is not as counterintuitive as you may think. Generally, any individual in a lawsuit gets two things: (1) Notice and (2) a Hearing. This is equally true post-judgment where Dyck O’neal had an opportunity to ask for a rehearing. They did, but made a very big mistake. They didn’t file their request correctly and waiting until after their time to do so had expired. Put bluntly, the court had no authority on a legal level to grant their relief. Dyck O’neal withdrew their motion, and in doing so, furthered the issue that was created after their dismissal.

Again, an extremely rare result – but an awesome day and one of the reasons I became an attorney – the idea that consumers throughout the state are now being sued for deficiencies years after the bank foreclosed on their property is troubling to me. For all of those in similar situations, knowing your options is vital and can sometimes result in a dismissal of the action altogether.

 

Posted in A Good Day, Deficiency Judgment, Due Process, Dyck O'neal Inc

Appealing a Foreclosure Judgment Entered for the Bank

Appealing a Foreclosure Judgment is a very difficult task, but you may have other options.

One of the most satisfying parts of my practice is taking a case close to a final hearing, that may end very badly for my client because they were unrepresented, looking at the case in the days or weeks that I have available to me and coming up with a solution that is in my client’s best interest and something the bank would not have offered on their own.While it is not quite stopping the foreclosure process, it is satisfying to say the least. Unfortunately, I can only help very few individuals given my schedule. So today, I wanted to take a few moments to discuss something I haven’t really addressed here – appealing a foreclosure judgment and other options available after a judgment has been entered against you.

If a judge entered an order on foreclosure against you recently (within the last five days), it is time to act – QUICKLY!

A lot of what will be discussed here is time sensitive. When it comes to appeals and motions for rehearing, trial courts and appellate courts can lose jurisdiction to help you if you do not act timely. One of my favorite legal quotes has always been “The law serves the vigilant, and not those who sleep over their rights.” – Scott v. Empire Land Co., 5 F.2d 873, 877 (US SD FL, 1925). This is especially true in post-judgment proceedings. When dealing with post judgment reconsideration and appeals, there are generally two methods that I find useful at the trial court level (the court that entered the foreclosure judgment against you) – a motion for rehearing or a motion to vacate (or set aside judgment). An appeal is basically a suit outside of the initial foreclosure suit and deals with a wholly different panel of judges. It is important to note, using any of these motions, to vacate order or for reahearing, at the trial court level is typically a long shot. You are essentially asking a sitting judge to undo either the complete foreclosure judgment or a portion of what he or she entered. Absent some clear evidence, this may be, in some counties, an impossible task.

Motion for Rehearing in Foreclosure Cases

A motion for rehearing is extremely time sensitive – generally you get fifteen (15) days after the date of the filing of the order to request this in a non-jury scenario (e.g., Fannie Mae/Freddie Mac foreclosure cases). Each judge, when faced with a motion to rehear a foreclosure judgment, gets to make their own call on this motion – they may even do this without an argument by the parties. Meeting with a foreclosure defense attorney, and retaining one if you so choose, should be your priority if you have left the hearing thinking the bank’s attorney won because you were not represented or that all of the facts and issues were not brought to the attention of the judge. Whether it is proper to request a rehearing is extremely fact specific, will vary on nearly every case, and will require prompt filings of the required motions in said case. If you schedule a consultation with a foreclosure attorney, bring them all the documents you have regarding your case. Explain what happened at the hearing and what has occurred in the suit. Every fact counts here and it may be what the judge relies on in making a ruling on a well pled motion.

Generally, I find that these motions are ruled on without a hearing, and in some counties are not even looked at by the judge that heard the case. It is important to state succinctly why you are requesting the rehearing, and to provide as persuasive of an argument as possible that your hearing requires a second chance.

Filing a Foreclosure Appeal in the Florida District Court of Appeals

Again, an extremely time sensitive requirement. A appeal, foreclosure or not, must generally be filed within thirty (30) days of the rendering of the trial courts order. It is also important to understand that an issue must properly be preserved for an appeal. Unfortunately, many cases that were not litigated by attorney’s familiar with the issues in foreclosure cases will be preserved, if at all, very poorly for an appeal. I cannot stress enough how important it is, if you are thinking of appealing a foreclosure judgment, to bring everything involved in your case – pleadings, motions, notes, etc. – to the attorneys attention as soon as possible. The Florida courts are extremely divided on some issues (e.g., Notice of Acceleration requirements), and interpretation of certain facts in your case can vary based on these nuances. Also, understanding the standard of review is important. If you are appealing a summary foreclosure judgment, the appellate court will review the trial court’s ruling de novo, or “a new”; plainly put, this allows the record, and the motions below to, in effect, be argued again to the district court of appeal. This is why meeting with a foreclosure defense attorney is important and should be done as soon as possible after judgment has been rendered.

Motion to Vacate (or Set Aside) Foreclosure Judgment

This is actually the most common relief from a foreclosure judgment I see filed. It is not because it is the most successful option, but because it does not require the strict time limits as a motion for rehearing or a notice of appeal and can be filed as a last ditch effort even when the previous time periods have expired. While it is not appealing a foreclosure judgment per se it still is an option for home owners that have had a foreclosure judgment rendered against them. Generally, if the motion is based on,, mistake, excusable neglect, newly discovered evidence, fraud, or some other grounds, it must be brought before the trial court within a year of the judgment date.

Act Now If you want to appeal the foreclosure judgment against you. There may still be other options.

Again, I cannot stress enough how important time is in these scenarios. If you would like to discuss your case Call my office at 813-502-6768, or e-mail me to schedule a consultation. If you do not want to appeal, but want to avoid possible collections, bankruptcy may be an option as well.

Posted in Appeals, Hillsborough County Foreclosure, Post Judgment Collection, Post-Judgment Options

FHA Mortgage Foreclosure Seeing Loss Mitigation Challenge

FHA foreclosure lawsuits could be affected by a Ohio based lawsuit

In a recent court filing, many individuals facing FHA mortgage foreclosure are fighting back. As you may be aware, an FHA Mortgage is a very small subset of loans that were backed by the federal government, namely the Department of Housing and Urban Development (HUD). These loans require specialized rules regarding pre-foreclosure actions taken by the mortgagee (the bank or holder of the Note) before the bank can even file a lawsuit. In fact, many of the FHA Notes will state, flat out, that non-compliance with these specialized provisions will prevent acceleration of the debt and creates defenses to foreclosures.

What are the issues with FHA mortgage foreclosures?

FHA loans require that prior to the fourth month of missed payments that a borrower is reviewed for loss mitigation on a monthly basis. This can mean loan modification  (recasting of a mortgage) or forbearance, short sale (pre-foreclosure sales), deed in lieu, or another workout option that is available to the borrower by the bank. It is important to note that this review is supposed to be monthly, and determine what option may be appropriate for the borrower. This is because other FHA servicing requirements say that the borrower and mortgage company must have a face-to-face counseling. This is what, in theory, helps the FHA mortgagee understand what option would be best for the borrower in a given situation in an attempt to avoid the FHA foreclosure.

Can this defeat a foreclosure suit?

At times, this can lead to a granting of a summary judgment from the defense side or can defeat a motion for summary judgment from the bank. Knowing what is required from an FHA Mortgage – in the foreclosure action – can sometimes be extremely valuable to your case. It is important, if your mortgage is an FHA mortgage, that you bring this fact to your attorney’s attention. If you are just meeting with an attorney at a consultation, you should mention these facts as well.

If you are facing an FHA Foreclosure Action, my office is available to speak to you regarding your options. If you would like to speak with an attorney, please do not hesitate to contact me at 813.502.6768.

Posted in Mortgage Foreclosure - FHA

Creditor Threatening Arrest for Delinquent Bills – Is this legal?

Illegal Credit Collection Crackdown has creditors running!

A recent string of arrests has many consumers cheering on the government. The founder of a debt collection agency, as well as a number of its employees were arrested and are now facing federal charges for their illegal credit collection practices. Plainly put,these creditors were trying to collect a debt by calling individuals or in other ways contacting them and asserting that they, the consumer, are facing wire fraud, or other similar charges, and that if they did not pay an arrest warrant would be issued for them. These individuals allegedly were identifying themselves as “investigators” or “detectives” and were intimidating people into making payments on these accounts. The federal government has charged them with conspiracy to commit wire fraud, but the big news may come when these individuals face civil liability.

Many people think acts like these are illegal, they just don’t know where or when.

When people are faced with an arrest warrant, they often trust whomever is on the other side saying there is one. This is typical, and a practice that preys on an individuals fear of being arrested. Fortunately, both the Federal government and Florida legislature have made illegal in a collection context. Florida has made this type of collection activity illegal in the Florida Consumer Collection Practices Act – See Fla. Stat. 559.72. This act makes a number of things illegal, and can open the debt collector or collection agency up to civil liability, including the following:

(10) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not.
(11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare.
Oftentimes these credit collectors are doing exactly that – stating that they are sending a legal document that looks like a state issued it, or saying they are an attorney or with a law firm when they are, in reality, not. These violations allow for civil liability if the act has been violated.
The federal government has done this as well, codifying its law into the Fair Debt Collection Practices Act – See 15 USC 1692, et seq. The Fair Debt Collection Practices Act can hold a debt collector or credit collection agency civilly liable for a number of things, including:
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

If creditors are using illegal collection practices, you have options.

If a creditor is trying to collect debts from you by saying you will be arrested, or that they are an attorney but don’t appear in any bar registry, or worse, a meeting with an attorney may give you the information that you need to determine if the credit collector’s claims are genuine or if you are the victim of an illegal practice.

Posted in fair debt collection practices act, florida consumer collection practices act

Commercial Mortgage Foreclosure Defense in Florida – Is it Possible?

Are there defenses to commercial mortgage foreclosure cases in Florida?

Unfortunately, a tell tale sign of a down economy is the failure of a small, family owned businesses, or even larger corporate entities. Many times, the individuals that are taking the risk and starting that company will make large investments, sometimes including the purchase of a commercial property for their store front or other equipment. Many times, as a result of a failed business venture, I have a chance to speak to individuals about their post closing options, including bankruptcy, debt negotiation, or in some cases – foreclosure defense. The considerations are different for everyone, but the largest amount of questions come people that may not want to file bankruptcy, they want to keep trying to save their business. I will attempt to give you some highlights from those conversations.

Commercial Mortgage Foreclosure Defense – Myth or Fact?

This one is so fact specific that I can literally blog about it forever. Whether a commercial mortgage is defensible is a matter of looking at the Note, Mortgage, and any other documents and scrutinizing every action by the lender. This can take years, but it is important to know what you are looking for up front. Under Florida law, a commercial agreement is protected by less statutory provisions and law because, at its core, a commercial transaction is deemed to be “more sophisticated.” Generally, commercial parties to a Note or Mortgage will have an attorney representing them throughout the drafting process, and this can help make the agreement between the parties more fair. Most start ups, however, do not realize that if they are not represented in this negotiation, the bank will make as many conditions go to their advantage as they can.

This is typically where I am frequently dealing with a commercial Note and Mortgage in a commercial foreclosure context. The borrowers involved didn’t have an attorney, and are now faced with an extremely one sided Note and Mortgage. Generally, there are no notice requirements. The Note in question may not even really reflect the agreement of the parties. The mortgage may not have a clear default provision. All of this is meant to try to allow the bank to have an easier time to foreclose on the commercial property.

Knowing whether there are defenses to the foreclosure requires, again, a thorough review of your loan documents and the complaint. If you have been served with a commercial foreclosure – whether it is foreclosure on a commercial space or your investment property, meeting with an attorney may help you know what options you have and give you an indication on what defenses, if any, are available to you.

Is Loss Mitigation an Option?

The truthful answer? It depends pretty heavily on the lender that is pursuing you. If it is a smaller lender or a private lender, the only loss mitigation option may be to reinstate the loan. That is where you pay the full amount that is allegedly due since your default. Put frankly, many struggling businesses do not have this kind of capital to pay the bank and still run their business. A loan modification may be an option, but that is solely at the discretion of the bank. Typically, the easiest way to try to mitigate your damages in this scenario is a short sale. This allows you to deal with the mortgage debt in a negotiated manner with the bank where they get some capital, and you can hopefully work out a deficiency waiver.

What about my personal guaranty?

This is where a lot of individuals lose sleep at night. When you realize that you have personally secured your businesses loan, you may feel like there are no answers to the lawsuit. This is where a knowledgeable attorney can be helpful. In some situations, personal guarantee’s are specific as to only one lender. This means that if your loan has changed hands, you may have a defense to the guaranty being enforced against you in the court action. This, again, requires a very careful reading of the foreclosure complaint and the guaranty.

If you are “on the hook” because of the gauranty, generally bankruptcy becomes an option for you as an individual. What chapter, however, depends heavily on your income.

Learn More

If you have been served in a commercial foreclosure – either your business property or personal investment property – it is important to discuss your case with an attorney at the inception of your lawsuit. If you have just been served in a lawsuit, my office offers free consultations to help you become familiar with your rights and options. If you would like to schedule a foreclosure consultation, please do not hesitate to call my office at 813.502.6768, or e-mail me.

Posted in Bankruptcy, Commercial Mortgage Foreclosure, Foreclosure Defense

Motion for Deficiency Judgment Withdrawn – The best outcome for a bad situation

Deficiency Seeker says you’re right – we’re not entitled to recover on our Motion for Deficiency Judgment in an old foreclosure case!

This Friday, I got to make one of the best phone calls to a client in my career. As many of you loyal readers of my blog know, I focus part of my practice on post-foreclosure judgment appeals and deficiency cases. This was one of those cases. A plaintiff in the case filed a motion for deficiency judgment in excess of $50,000. The problem with the motion for deficiency judgment? The debt collector did not have the right to go after the deficiency because of the previous case some 4 years ago. There was a problem with jurisdiction, and it made all the difference in this case. On Friday, I got to tell them that the debt collector gave up, that they withdrew that motion. This is an extremely rare call that I got to make, and want to use it as a chance to inform my readers that may think the judge in their case will argue the law for you.

I cannot stress enough, that by not having an attorney, you will be held to the same standards of an attorney. This includes motion drafting and arguing that motion in court. The judge can’t even tell you the cases to rely on – you have to find them on your own. Knowing what to look for at the start of any case is important, but knowing very technical arguments may be the difference between a drawn out lawsuit and a quick resolution. Many readers ask me, particularly in pro se situations, whether or not the judge will make legal arguments for them if they “aren’t a lawyer”. The answer, quite simply, is no. A judge can only make procedural recommendations, they cannot give you the legal argument that may win in your case.

What would have happened if the Motion for Deficiency Judgment was not fought

Unfortunately, the deficiency judgment may have been entered. Again, a judge can’t insert themselves into the case for the benefit of any one party. Without making the right objections and citing the correct law the judge in a given case can only rule on the arguments that are in front of them. Not making the proper arguments can be the difference between winning and losing your case. I highly recommend that anyone that is served in a lawsuit, regardless of the posture of the case is, meets with an attorney prior to filing anything in their suit. Knowing what you are facing can further educate you as to your options.

Posted in A Good Day, Deficiency Judgment

The Bank filed a second Foreclosure lawsuit on a case you thought went away, what next?

A Second Foreclosure Lawsuit after a Bank has dismissed, or lost, a previous case can have a lot of defenses for an attorney to bring on your behalf!

In recent news, a lot of news outlets have finally gotten wind how unfriendly the Florida foreclosure courts really are. From judges telling home owners to “pack their bags” to banks trying to get foreclosure judgments without a proper Note or Mortgage, a lot of Foreclosure Defense attorneys, including myself, are fighting  a very difficult fight to find a proper foreclosure alternative for each client or to win at trial. A very recent case has found that if you accomplish the later, i.e., win your case or the judge dismisses it, you may be facing a second foreclosure lawsuit all over again. See, for example, U.S. Bank Nat’l Ass’n v. Bartram, No. 5D12-3823. This case allows each months payment to become its own default, with its own five year statute of limitations. If you were successful in defending the first suit, the second lawsuit could be based on the very next missed payment. This is very technical circumstance when you are dealing with a bank bringing a lawsuit outside of the statute of limitations, so meeting with an attorney regarding it is highly advisable. 

How will this affect you if your case is already dismissed by a judge?

If your case was dismissed, or if you won on a defensive motion, if you did not resume making your monthly payments, that very next month could be considered the default in that second foreclosure lawsuit. If this happens, you may start the nightmare of foreclosure all over again. This can happen if the judge threw your first foreclosure lawsuit out, you or an attorney were successful in getting the bank’s foreclosure case dismissed at a trial, or if you won on a defensive motion for summary judgment. If this was the case and you didn’t resume making payments, you could be facing a second foreclosure lawsuit for the first missed payment after the final order dismissing the case was entered.

How will this affect you if the bank dismissed your foreclosure case and you never heard from them again?

Well, depending on how it was dismissed the bank may be barred from bringing another action on the same default (missed payment) that the first suit was based on. The Bartram case, and cases like it, allow the bank to then go after you for another missed payment, and in effect, restart the clock  so long as there is another missed payment. This can be extremely frustrating, especially when you think you have put that matter behind you.

What you can do

There is a silver lining if you have been served again in a second foreclosure lawsuit as it requires the bank to completely start the new foreclosure over again. This means all the information from the first suit needs to be updated. If a bank brings a suit saying there is a new default, it has to actually tell you what that default was, and what the correct amount needed to fix it may be. Contacting an attorney from the start may potentially save some defenses to properly litigate the case.

Posted in Foreclosure Defense, Foreclosure Statute of Limitations, Hillsborough County Foreclosure, Second Foreclosure Lawsuit, Tampa Foreclosure Defense Attorney Tagged with:

Vantium Capital Inc., Deficiency Judgment Motion – What does it mean?

A Motion for Deficiency Judgment has been filed in my old foreclosure case by Vantium Capital, what does it mean?

I have been running into this question more and more in my consultations relating to post-judgment foreclosure actions for the past few months, so I wanted to take a few moments to really speak as to who Vantium Capital is, what a motion for deficiency judgment is, and how it can effect you after your foreclosure action was seemingly behind you (you may have even thought that the debt was discharged if you received a 1099). This is happening in literally thousands of cases throughout Florida and is a very serious motion. If you have discovered that this motion has been filed in your previously closed case, it is important to speak with a debt relief attorney that is familiar with the different options that you have available and may help your situation.

Who is Vantium Capital?

Vantium Capital is a Delaware corporation that recently changed its name to Clearspring Loan Services, Inc. They are currently in the process of purchasing the rights to judgments in old foreclosure cases, and will try to substitute into old foreclosure cases after taking over the loan that was the subject of your old foreclosure suit. This technically allows them to try and enforce the rights to the difference between what the judgment amount was in your case and the value of your property that was sold at a foreclosure auction or, more commonly, the deficiency. They are subject to the same statute of limitations as other banks and creditors in foreclosure cases and may have filed motions as late as June 30, 2014.

What is a Motion for Deficiency Judgment?

A motion for deficiency judgment is part two of a most foreclosure lawsuits. Part one was the law suit that decided whether the bank could legally take your property back after a missed payment. After judgment was entered, and your property was sold, the bank had a right, subject to some exceptions, to go after you and the other note signors personally. The bank is required to do this by motion if they do so in the same lawsuit that the foreclosure took place in. Generally, they must prove to a judge the value of the property that was sold on the date of the foreclosure action. You have a right to contest this, and can provide evidence that goes against the value that is being offered by the bank, or in this case, Vantium Capital Inc. It is important to remember, though, that a judgment against you can be in excess of what was initially alleged. A big portion of your defense will rely on either the value of the property at the time of the foreclosure sale or your ability to settle the deficiency amount prior to a final evidentiary hearing on the merits of Vantium’s motion. Also, there is a finite amount of time that this process takes, so it is important that you act quickly or else fees and other costs can increase the amount Vantium is either willing to settle for or gets in its final judgment.

How can it affect you after a judgment.

Basically, if Vantium Capital is able to get an actual judgment as to the deficiency amount, they can then either garnish your wages or bank accounts, attach liens to your real or personal property (with a few exceptions), and otherwise make your financial life miserable. A judgment may also force you into bankruptcy, depending on other debt and income related factors.If you are interested in exploring your options in relation to the motion for deficiency judgment that was just filed, please contact my office at 813.502.6768 or email me to set up a consultation.

Posted in Deficiency Judgment

Served in a lawsuit by Dyck O’Neal Inc.?

Dyck O’Neal, Inc. served me in a lawsuit, what does this mean?

If you have been served in a lawsuit recently by Dyck O’neal Inc., you are not alone. They are basically a credit collection service – they have purchased rights to old deficiency judgments from the bank that previously foreclosed and are trying to collect pennies on the dollar. They are serving individuals throughout the state of Florida to get deficiency judgments. If you have been served in a lawsuit by Dyck O’Neal it is important to speak with a debt relief attorney immediately!

What is a deficiency judgment

Basically, for those individuals that have had a judgment entered against them before July of 2013, the banks had five (5) years to seek a deficiency judgment. This was not the case after the statutes were amended to reflect the changes in the 2012-2013 congressional sessions. All of the old bank judgements now only have until July 2014 to enforce the deficiency judgment. What this means for a lot of Florida residents is simple. The foreclosure nightmare is not over, now the deficiency judgment you thought was forgiven is now coming back and a credit collector now wants to collect as much as possible from you.

What can I do?

Florida homeowners that had faced foreclosure, and perhaps lost or simply did not defend their suit, are now in a panic. After being served, it is hard to make an informed decision regarding this matter. Sure, you may now be doing much better than you were at the time the judgment was entered. This is what Dyck O’Neal is counting on. While you can see from my other posts, there are defenses to foreclosure cases, and there are also defenses to deficiency judgments, but to put it succinctly fighting a deficiency in court adds to the amount the bank will seek against you. If they do get a judgment, they will then try to garnish your wages or attach liens against your personal property or garnish wages. It is important that you understand that a settlement, and not a final hearing, may be in your best interest.

How can an attorney help?

An attorney can help dramatically in a settlement negotiation. Not only does it give your side more strength in a negotiation, it also shows that if pressed you are not afraid to have a judge rule on your case. If you have recently been served by Dyck O’Neal, and would like to know your options, please contact my office at 813.502.6768 or email me to set up a consultation.

Posted in Deficiency Judgment, Dyck O'neal Inc, Foreclosure Defense, Post Judgment Collection Tagged with:

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Bryant Dunivan's office is centrally located in Brandon, FL. From this location, Mr. Dunivan represents clients with a variety of legal issues, including: Foreclosure Defense (including loss mitigation), Bankruptcy, Consumer Protection, Real Estate Law, and Landlord Tenant, throughout the state of Florida, including Tallahassee, Tampa, Riverview, Clearwater, Valrico, Brandon, Lithia, Apollo Beach, Gibsonton, Wesley Chapel, New Tampa, Seffner, Ruskin, Sun City Center, Fish Hawk, Plant City, Temple Terrace, South Shore, Fort Myers, Cape Coral, Lehigh Acres, Naples, Deland, Daytona, and Ellenton, and in Collier County, Hernando County, Hillsborough County, Lee County, Manatee County, Pasco County, Pinellas County, Volusia County, and Sarasota County, Florida. If a city or county is not listed above, Mr. Dunivan will represent clients throughout the state of Florida

Bryant H. Dunivan Jr., Esq.
The Law Offices of Michael J. Owen, PLLC
330 Pauls Dr., Ste. 104
Brandon, FL 33511

Offices:Brandon

A consultation with me or my firm may result in seeking relief under Title 11 of the US Code (Bankruptcy). We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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