Can the Bank Garnish my Wages after Foreclosure if they are seeking a Deficiency Judgment against me?

Larry | March 23, 2010

A question that often comes up in my practice is whether, and to what extent, creditors can garnish a client’s wages if a deficiency judgment is sought by a creditor after foreclosure.  Under §77.01, Florida Statutes, every judgment creditor has a right to a writ of garnishment.  While the power of a creditor to garnish [...]

Banks are Choosing Short Sales at an Increasing Rate

Larry | March 5, 2010

Recently, there has been an increase in the number of short sales of homes facing foreclosure.  According to a recent article in The L.A. Times entitled “Short sales grow as a cheaper alternative to foreclosure,” short sales have quadrupled during the first 9 months of 2009.  Prior to 2009, banks were systematically refusing to participate [...]

Foreclosure Defenses are Stopping Mortgage Foreclosures

Larry | March 1, 2010

The sad reality of today’s housing market is that a vast majority of homeowners are unaware that lawyers around the country are raising defenses that are effectively stopping mortgage foreclosures in their tracks.  Banks are hoping that this message doesn’t reach the masses because they know this could bring the financial system to its knees. [...]