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Tampa Bankruptcy Law Blog

Can I Sell My House when it has a Lien against it?

A great question from a listener in the Florida Panhandle: I have a judgment filed against me 12 years ago. Can I sell my house without paying the judgment? The simple answer is yes, as long as (1) the property being sold is homestead property, and (2) the owner files a Notice of Homestead in the county public records and gets no response from the creditor.

Senate Passes Bill 398: "The Estoppel Bill"

Governor Scott signed The Estoppel Bill on June 14, 2017, effective July 1, 2017. The Bill helps title agents, closing agents, buyers and sellers, and realtors because it eliminates the ability of the associations to take an inordinate amount of time to provide an estoppel certificate prior to closing, and eliminates the ability of the association to use the estoppel certificate as a revenue generation tool by charging an unreasonably high price.

After a Bankruptcy Discharge, Why Do I Still Owe My Association?

Many bankruptcy attorneys do not know, do not realize, or do not explain or inform their clients that condominium and homeowner association payments that come due after filing a bankruptcy are not eliminated or discharged by the bankruptcy - meaning those post-filing assessments are still owed personally, by the unit owner, when the bankruptcy is over.

Can Filing Bankruptcy Protect me from a 1099-C Tax Obligation?

We received another great listener question.  The simple answer is yes, filing bankruptcy before a foreclosure sale or short sale will protect you from a subsequent 1099-C assuming the bank waives any deficiency.

The Foreclosure has started, can we still sell our house?

This week we answer another great question from a podcast listener, and one that we've answered briefly in other episodes of the Crushing Debt Podcast. This question comes from a listener in Miami, FL, who asks if she can sell her house after receiving an offer for more than what she owes, even though the foreclosure lawsuit was filed by the bank.

Foreclosure Question: Who is a Third Party Bidder?

We received an interesting question, "When a holder of a first mortgage, who is a private individual, enters a bid at foreclosure auction greater than the amount of its mortgage, does that mortgage holder's status change to a third-party bidder for purposes of the safe harbor provision under Florida law?"

Conveying Title to Real Estate: As-Is v. Repair Limit Contract

Most sellers (and importantly some Realtors and attorneys) believe the As-Is Residential Real Estate contract is better for them to convey title to their property, because they're selling the house As-Is with no guarantees or warranties. I believe this is false and the As-Is Contract is actually better for buyers.

Can Florida's Homestead Exemption be used to Defraud Creditors?

When it comes to Asset Protection, Florida has one of the best homestead exemptions in the Country. However, that exemption often comes under fire, especially in situations where creditors feel the exemption is an unfair impediment to them collecting against a borrower.

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