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Fort Lauderdale Bankruptcy Attorney Donnie Goodwin

954-768-9940 | FileAFloridaBankruptcy.com
200 SE 6th Street • Suite 507 • Fort Lauderdale, FL 33301

HOW TO HALT FORECLOSURE ACTION

FLORIDA BANKRUPTCY LAYWER
Bankruptcy News

Donnie Goodwin: A Fort Lauderdale bankruptcy attorney who can help you understand your financial options.

 

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KEEP YOUR HOME
Bankruptcy News

So many people are upside-down on their home mortgages these days. Before you walk away from your home, read this!

 

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BANKRUPCY MYTHS
Bankruptcy News

Read the FAQs about bankruptcy myths, and learn why bankruptcy may help give you a fresh start.

 

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THERE ARE WAYS TO STOP FORECLOSURE!

From Goodwin Law Offices, Fort Lauderdale Bankruptcy / Foreclosure Defense

 

When you file your bankruptcy petition, the U.S. Bankruptcy Code requires all foreclosure proceedings to stop; bankruptcy, however, may not always be your best option. Also, bankruptcy may not be used simply to stop a foreclosure proceeding.

 

In Florida, all mortgages are foreclosed in equity. All foreclosure claims are, if tried, to be tried to the court without a jury. This legal process is known as Judicial Foreclosure. There is no other type of foreclosure under Florida Statutes.

 

The foreclosure process in Florida will typically take about 180 days. The court order of foreclosure will specify how the foreclosure will take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.

 

Foreclosed Florida home owners have a Equitable Right of Redemption. The Equitable Right of Redemption ends at the foreclosure sale or at another time specified by the courts, but this rarely happens. There is a period of time after the sale that the court reviews the sale to ensure a fair price has been paid. This time period allows parties to object to the sale. Objections include that proper procedures were not followed or collusion existed between the bidders. This redemption period is usually 10 days. After this redemption period the Certificate of Sale is filed and title of ownership is is transferred to a bidder if the sale is confirmed. If the sale is not confirmed, another sale is ordered.

Deficiency judgments are allowed. If the sale does not pay the entirety of the mortgage balance, the lender may still pursue a judgment against the foreclosed person for the deficiency. This will occur under a separate lawsuit which follows the foreclosure.

 

 

STOP CREDITOR AND COLLECTION CALLS NOW!

 

Once you file a bankruptcy petition with the courts, whether it's a Chapter 7 or a Chapter 13, bill collector calls must STOP!

 

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Goodwin Law Offices offers legal help in the following areas:

 

 

 


 

ARE YOU FACING FORECLOSURE?

Read about foreclosure defense versus bankruptcy

 

Just because you are facing foreclosure does not mean a bankruptcy is the way to resolve the situation. Depending on your financial and legal situation, a direct foreclosure defense may suffice, in lieu of a bankruptcy. Goodwin Law Offices is ready to help you determine which option may be best for you.

 

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