The following article was written by Paul Owers Sun Sentinel and republished in the South Florida Law and Legal Blog with excerpts and opinion from real estate defense attorney Roy Oppenheim, Oppenheim Law – Weston, FL
Summary: The Florida Supreme Court has declared that where a first foreclosure lawsuit is dismissed voluntarily or involuntarily by the court, such dismissal does not trigger the application of the 5-year statute of limitations to prevent a second foreclosure action. It only prevents inclusion of installment payments that are more than 5-years old.
Delinquent South Florida homeowners could be getting long-delayed foreclosure notices after a court ruling cleared the way for lenders to revive cases that have stalled for years.
The Florida Supreme Court ruled last month that lenders can refile foreclosure cases against owners still in default, even if the cases started more than five years ago, beyond the statute of limitations.
Oppenheim said he’s advising clients not to call their mortgage companies to find out the status of the cases.
“Keep your head down and your mouth shut,” he said. “If [the lenders] find you, then do whatever you have to do to defend yourself.” Continue reading
Share and Enjoy
As many of you know by now Thanksgiving is one of my most favorite holidays as well as times of the year. This year, as I collect my thoughts for Thanksgiving which is about a week away, I do so as I celebrate my 30th anniversary with my partner and wife Ellen from halfway around the world! By the time you read this message I will, of course, be back with my family celebrating Thanksgiving like all of you. Continue reading
Share and Enjoy
Filing Bankruptcy during a Fla. residential foreclosure case? The Eleventh Circuit holds that in a Chapter 7 Bankruptcy, when a debtor decides to surrender the property, that surrender is both a surrender to the trustee as well as to the creditor. Which means, that surrender means surrender . . . to effectively give up the property and give up your right to fight the foreclosure action in state court.