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Did you know that a bank can legally serve a defendant with a foreclosure complaint by publishing it in a newspaper? It’s true! If personal service of process is impossible, Florida Statute (F.S.) Chapter 49 allows constructive service of process (i.e., service by publication) in foreclosure actions. But there are some things to keep in…

Florida law allows for a unique statutory foreclosure procedure that speeds up the foreclosure processes for lenders.  This can be troublesome for borrowers. During the process, the bank can ask the court to show cause why a final judgment of mortgage foreclosure should not be made. This shifts the burden to borrower to demonstrate why the…

Florida Statute 697.07 allows banks to obtain an assignment of rents as additional security in the event of default of a mortgage.  Sending a written demand under Florida Statute 697.07(3) is a crucial step in perfecting the lender’s right to rental payments. After default and upon a written demand by the mortgagee, the mortgagor must deliver…

There’s no one size fits all solution to stop a foreclosure nor is there a silver bullet. While there might be temporary “cheat moves,” they’re not sustainable. Let’s instead explore several legitimate alternatives that can allow someone keep their home. Deed in Lieu of Foreclosure By opting for a deed in lieu of foreclosure, borrowers…

Assignment of Mortgages  An assignment is when one person gives their rights under a mortgage to another person. The new owner inherits the same rights as the original owner, subject to Florida property law. The assignment should be recorded. The right of the mortgagee to assign the mortgage is specifically recognized by the Florida statutes.…

The Florida Uniform Partition of Heirs Property Act defines “heirs property” as real estate held in tenancy in common, meeting specific criteria related to family ownership.  The Act outlines procedures for partitioning heirs property, including court-ordered appraisals, cotenant buyouts, and equitable accounting.  If a buyout is not completed, the court will proceed with a traditional partition action.…

Jurisdiction: All actions for partition are in equity. Venue: Partition shall be brought in any county where the lands or any part thereof lie that are the subject matter of the action. Parties: The action may be filed by any one or more joint tenants, tenants in common, or coparceners against their cotenants, coparceners, or others interested…

If someone’s personal property is taken by mistake or illegally, they can ask a court to get it back. They can also ask for any damages they’ve lost because of the wrongful taking or detention. The court can also record a notice to let anyone who knows about the claim know.  This law has been around…

Borrowers have the right to fight back against a foreclosure complaint. It’s usually a good idea to use affirmative defenses. There are many possible defenses, from problems with the mortgage itself, like lack of consideration, fraud, duress, usury, payment, and so on, to the fact that the borrower didn’t default. Other defenses include equitable estoppel,…

If there’s still money owed to the mortgagee after the foreclosure sale, then there’s a chance of a deficiency judgment.  There are two ways a lender can get a deficiency judgment against a borrower. The lender can either ask the court to rule in its favor during the foreclosure process, or it can file a separate…