Tag Archives: Foreclosure
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… Read More »
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. Before we get there, however, some background: When someone gets foreclosed or completes a short sale, there are one of three… Read More »
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… Read More »
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?” The simple answer to… Read More »
Forfeit Your Foreclosure Defense In Bankruptcy Court
In early October 2014, the Eleventh Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy cases in Florida too), decided the case of Failla v. Citibank N.A. The Court held that debtors who “surrender” their house in a bankruptcy case may not later oppose a foreclosure action against that house in state court…. Read More »
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). What did we lose and what are the alternatives now that they’re gone? HAMP provided loan modification incentives… Read More »
Mortgage Deficiency, 1099 & Mortgage Insurance
The Mortgage Debt Relief Act seems to be gone for good. I’ve heard no news that Congress chose to keep it beyond December 31, 2016. What impact does this have on a homeowner who chooses to do a short sale, a deed in lieu of foreclosure, or loses the house in foreclosure? Typically the… Read More »
Attorney Fees In A Mortgage Foreclosure Defense Case
Someone facing a mortgage foreclosure is feeling a lot of pressure – from the lender, from family, possibly from other creditors. The last thing I want to do as an attorney is to create additional pressure on a debtor trying to save their home. Unfortunately, many attorneys have fallen into a habit of charging… Read More »
Five Factors That Make Up Credit Score
When clients come to see us about foreclosure, loan modification, short sale, bankruptcy or debt settlement, one concern is the impact of all of these things on their credit score. While we understand that concern, it is often overshadowed by our goal of reducing debt, because credit can be rebuilt. We first need to… Read More »
When Is Bankruptcy Right For Me?
A while back, I wrote a blog titled “What Chapter of Bankruptcy is Right for Me?” This blog is meant to supplement, or even precede that blog as we explore whether someone should even file bankruptcy. The determination on whether to file is largely based upon the debtor’s income and non-exempt assets. We are… Read More »
