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Foreclosure Archives

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?"

What Foreclosure Laws Did We Lose in 2017?

December 31, 2016, marked the end of many programs designed to help people in foreclosure: HAMP (Home Affordable Modification Program), HAFA (Home Affordable Foreclosure Alternatives), HARP (Home Affordable Refinance Program) and MDRA (Mortgage Debt Relief Act).

Foreclosures to Increase in Florida?

On November 3, 2016, the Florida Supreme Court issued a decision that may increase the number of foreclosures filed in the State of Florida, when it issued its decision in Bartram v. U.S. Bank National Association. The Court held that Florida's five-year statute of limitations applies to payments that are more than five years past due, but does not prevent the bank from filing a second foreclosure lawsuit more than five years after the first missed payment. Given the Court's ruling, cases that were dismissed on technicalities may soon be refiled against Florida homeowners.

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