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How Do Tax Deed Sales in Florida Work? What Liens Survive?

A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent. Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is referred to as a Tax Certificate Sale...

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Homebuyer claims diet pills caused auction mistake

Florida Attorney Moses DeWitt

South Orange County resident Mary McKaig said she had been confused after taking "judgment-altering" weight-loss medication for the first time and mistakenly bid more than $100,000 at a Feb. 19 public auction for a house that — unbeknownst to her — was saddled with more than $400,000 of debt, according to court documents filed by her attorney. Immediately after submitting the top auction bid through the Orange County court auction process, McKaig realized she made a mistake, according to the court records. She hired an attorney to try to undo what she had just done. McKaig and her husband "basically dumped $100,000...

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Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute. Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid. In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note...

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Dyck O’Neal and the Defective Notice: Defending Against Deficiency Lawsuits

Although the worst of the economic downturn appears to be over, many people are still feeling its affects. If you went through a foreclosure and did not get a waiver of deficiency, you may be one of those people. Now that the law has changed and lenders only have a year to file for a deficiency, deficiency lawsuits are becoming more and more prevalent. There are ways to defend against these lawsuits. We recently obtained a summary judgment in favor of our client who was being sued for a deficiency because the lender failed to give him proper notice...

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What Does The Foreclosure Settlement Mean For You?

On February 9, 2012 the State Attorneys General for 49 states entered into a $25 billion settlement with five of the Nation’s largest banks, Bank of America, Wells Fargo, Ally Financial, JP Morgan Chase and City Group. The purpose of the settlement is to end home foreclosure abuse stemming from robo-signing and to provide some relief to homeowners who are: 1. Delinquent and underwater 2. Underwater but current 3. Lost homes to foreclosure in the past 3 years. The settlement covers 1.8 million homeowners nation wide. It is the largest consumer finance settlement in US history and is second in overall settlements only to...

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Mortgage And Foreclosure Problems: Available Help

Do you have mortgage or foreclosure problems? There is help available. Distressed homeowners now have additional programs to help them deal with their mortgage or foreclosure problems. Below are some examples of the help available: 1. There is now additional governmental assistance for those homeowners who are unemployed and are having trouble making their mortgage payment. The Obama administration has expanded assistance to unemployed homeowner by requiring that mortgage servicers for FHA insured loans allow some (qualified) unemployed homeowners to miss up to a year of mortgage payments while they search for a job. The current hiatus period is four months. This...

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