Articles Posted in Homestead

Most homeowners do not realize that a Florida foreclosure can be defended. Homeowners have the ability to fight for your right to remain in you home. THE Law Office of David M. Goldman PLLC CAN FIGHT FOR YOU!

You may be upside down in your property today and think that walking away is your best option. STOP AND THINK. This may not be the right choice for you and your family! Over time your equity will return and by defending your foreclosure now, your future equity can be in protected and you may stand a better chance to economically survive. Fighting a Foreclosure makes sense for many Florida families and should be discussed with a Florida Foreclosure Lawyer or a Florida Foreclosure Lawyer who can look at your individual circumstances and let you know what your options are.

You may be behind in your payments and might have received a notice of default. That does not mean you must leave your property! Regardless of what debt collectors are telling you. You are a homeowner, not a renter. Eviction is not the lenders remedy. You have a right to fight for your home.

If you own a home, subject to a Foreclosure in St. Johns county, you should contact a Florida Foreclosure Lawyer to discuss your rights.

St. Johns county is made up of the following citites.

Crescent Beach, Fort Matanzas, Fruit Cove, Hastings, Marineland, Palm Valley, Ponte Vedra, Ponte Vedra Beach, St. Augustine (County Seat), St. Augustine Beach, Switzerland, Vilano Beach.

To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in the first place. Where will you be then? If you have already entered into a modification of your mortgage, take a close look at what you “really” agreed to.

In October 2009, Josh Fuhrman, a representative of the Home ownership Preservation Foundation spoke at a town hall meeting and asked homeowners to be “patient” about the slow pace of loan modifications. It is common knowledge that only a very small percentage (about 12%) of people who qualify for relief actually get approved for a loan modification. Should the other 88% just sit tight while lenders foreclose on their homes? Seem fair? Remember, most likely, YOU ARE IN THE MAJORITY 88%!

Did the bank loose your paperwork or as you to resubmit it every 30 days. Homeowners are under a false sense of security thinking they are safe from foreclosure and do not seek other remedies. Homeowners are using their common sense of fairness thinking that the lender will not proceed with the foreclosure. THIS IS NOT TRUE.

foreclosure-sign.jpg Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications.

Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments.

If you are participating or trying to achieve a Florida Loan Modification, you should be gathering information on violations of the laws by the people you are speaking to. Please contact a Florida Foreclosure Lawyer to request information on how to log these violations. These violations of the laws can be compensated and can help to offset your mortgage amount.

as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent’s home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense. You may have a fiduciary duty to do so and preserve the assets of the estate.

If you are considering a Florida Foreclosure Defense you will need to do a Formal Administration of the Probate so that a Florida Personal Representative can be appointed to defend the Florida Foreclosure and pursue counterclaims on behalf of the decedent’s estate or beneficiaries.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55,000 foreclosures in Florida this month Duval County Ranked number 7 in the state.

Jacksonville had 2299 Jacksonville Beach had 64 Atlantic Beach had 45 Neptune Beach had 12

This year there have been more than 484,000 foreclosures filed in Florida and only 68,000 of those homes have been sold.

If you are facing foreclosure on your home or business, please contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers for a free consultation.

foreclosure.jpgA Florida foreclosure can start anytime after the borrower defaults on the mortgage term. Most lenders will start the Florida Foreclosure process when payments are 3-4 months past due. If you do not defend your foreclosure, you can lose your home within 150 days after the Florida Foreclosure lawsuit is file.

If you are expecting your home to be foreclosed upon in Florida or have already been sued for Foreclosure contact a Florida Foreclosure Defense Lawyer to discuss your rights.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

While in Florida a lawyer is not required to create a valid deed like a ladybird deed or Florida Enhanced Life Estate Deed it may be a good idea to have a lawyer or attorney review these specific document because of their propensity for errors and the bad or unexpected outcome that would occur with an invalid or incorrect Florida Enhanced Life Estate Deed.

1. A lawyer can check to make sure that the deeds are executed with the formality required under Florida Statutes.

2. That an Florida Enhanced Life Estate Deed is the best method of accomplishing your goals. With property with larger mortgages, a deed of this type may not be the best or most affordable method for transferring the property upon the death of the owners because of the mortgage taxes in Florida.

duval-court-old.jpgA Summary Administration in Florida is an abbreviated Florida Probate proceeding where estates with assets of less than $75,000 or those where the decedent has been dead for more than 2 years can simplify the probate process. We often find that the families of people who die with a home or other property do not properly administer their loved one’s estate at the time of death and must go back to clear up the title so that the property can be sold or transferred properly at some later date.

When a piece of real property is involved in the estate, we have to ask the court to determine if the property is protected as a Florida Homestead or is subject to the claims of creditors. Once this determination is made the property can be transferred properly.

If you need help clearing up the title of a home or property located in Florida that belonged to a person who died, we can help with a Florida Summary Administration, please Contact a Florida Probate Lawyer for more information on this process.

client-meeting.jpgIn a Florida Probate , if the decedent was domiciled in Florida at the time of his death, the surviving spouse or if there is no surviving spouse, the children shall have the right to a share of the estate of the decedent as provided in Florida Statute 732.403.

Warning: You will waive your right to exempt property under Florida Statute 732.403 if you fail to file a petition to determine exempt property within 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will, or any other matter affecting any part of the estate subject to the Florida Intestate succession and Wills

If you need help with a Florida Probate or figuring out Florida Probate Fees Contact a Florida Probate Lawyer or Attorney for help

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