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Thumbnail image for foreclosure_next_exit_sign.jpgNew data from foreclosure tracking firm RealtyTrac reveals that foreclosure activity rose in 133 of the 206 largest U.S. metro areas in the third quarter 2010, including 11 of the 20 largest metro markets. That means that foreclosure activity rose an astonishing 65% over the July to August time period. The four most foreclosure plagued states; Florida, California, Nevada and Arizona, claimed 19 of the 20 metro’s with the most foreclosure activity with Boise City-Nampa, Idaho coming in at number 14.

The U.S. metro area with the largest percentage increase in foreclosure activity was Seatle-Tacoma-Bellevue, Washington, an alarming 71% increase in foreclosure activity, followed by Chicago-Naperville-Joliet, Illinois, a 35% increase, and Houston-Sugar Land-Baytown, Texas with 26% increase. James J. Saccacio, CEO of RealtyTrac, stated that until the problems of unemployment, underemployment, negative equity and toxic loans are solved “these historically high foreclosure rates will continue.” Cape Coral-Fort Meyers, Florida holds the distinction of having the nations second highest foreclosure rate, with one in every 35 homes receiving a foreclosure complaint in the third quarter alone.

If you are facing a Florida Foreclosure Lawsuit contact a Jacksonville Bankruptcy Lawyer who is familiar with Foreclosure Defense law to discuss your situation and circumstances to see what defenses and options you have with your case.

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house on fire.jpgAccording to Davidson County Sheriff David Grice, a Denton, NC man facing foreclosure hired a Virginia man to burn his house in order to collect the insurance money. The fire occurred on August 16 and fire investigators became suspicious of foul play when they learned that a flammable liquid had been used to start the fire. During the course of their investigation, police and fire officials were able to determine that the homeowner hired the other man to burn his home down before the bank repossessed it.

Police have arrested and charged the Virginia man with second-degree arson and homeowner has been charged with conspiracy to commit arson and conspiracy to commit insurance fraud. The home owner’s mother, who drove the Virginia man to the home in order to start the fire, has also been charged with conspiracy to commit insurance fraud for her role in the episode.

This is not the most effective way for homeowners to avoid a foreclosure lawsuit. If you are facing a Florida Foreclosure Lawsuit

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home_under_water.jpgJacksonville homes underwater. This is a question that we hear often as Jacksonville Bankruptcy and Florida Foreclosure Lawyers. In short, a deficiency judgment is a judgment for a debt that is owed after a foreclosure, i.e. the amount of money the bank was not able to recover after it forecloses on a home. Lenders are even allowed to add interest, fees and other expenses to that amount as long as their is an outstanding deficiency. While some states have laws that prevent lenders from seeking deficiency judgments, Florida is one of the states that does allow deficiency judgments to be pursued.

It is possible that there may not be a monetary shortfall after a lender has taken and sold a home through foreclosure but that is becoming less and less likely as national home prices have continued to decline. This may seem like a no-win situation for a homeowner but there are alternatives that homeowners can pursue to avoid a deficiency judgment. Foreclosure alternatives such as short sales, deeds-in-lieu, and loan modifications are just a few of the ways a Jacksonville Foreclosure Lawyer may use to help homeowners avoid deficiency judgments.

If you are one of the thousands of Florida homeowners who are facing a Foreclosure Lawsuit and potentially a deficiency judgment, give us a call to explore your potential foreclosure alternatives.

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Untitled-1.jpgJacksonville Bankruptcy Lawyers and Attorneys often find that their client have waited too long to file bankruptcy because they tend to “stick their heads in the sand” and hope their circumstances take a turn for the better. Certainly, bankruptcy in Jacksonville has often been viewed as a “last resort” for those in financial trouble. However, waiting until the last minute can often lead to consequences which even a Jacksonville Bankruptcy Lawyers may not be able to reverse. If you are facing any of the following, you may have waited too long to file bankruptcy in Florida:

  1. Your paycheck or bank account is being garnished;
  2. You are being served with lawsuits for debts you owe;
  3. The IRS has filed a tax lien on your property;
  4. You owe money to payday advance companies;
  5. You are withdrawing money from your retirement account to pay unsecured creditors;
  6. Your car just got repossessed;
  7. Your home is about to be sold at foreclosure auction.

A Jacksonville Bankruptcy Lawyer can use a Florida bankruptcy to prevent most of these negative consequences from occurring. If they have already happened, it may be impossible to reverse them. The old saying that “possession is 9/10ths of the law” has some truth to it.

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Thumbnail image for foreclosure_help.jpgA new cooperative study from state attorneys general and lending insiders from across the country has found that greater than 60% of homeowners who are seriously delinquent on their mortgage payments are not involved in any foreclosure alternative with their lender. On its face this news is disturbing, but coupled with the other findings of the study, that loan modifications are leading to few re-defaults, shows just how misplaced many lenders focus is.

The study, conducted by the State Foreclosure Prevention Working Group, found that loans modified in 2009 were 40 to 50 percent less likely to be seriously delinquent after six months than loans modified during the same period in 2008. The group also found that mortgage modifications that lower the amount of principle have significantly lower default rates than overall mortgage modifications. The federal HAMP program recently announced a principle reduction alternative for lenders but the group says it has been very slow to find favor with lenders with only 1 in 5 modifications including a principle reduction.

If you are one of the thousands of Florida homeowners who is delinquent on your mortgage and you are considering a foreclosure alternative, contact a Jacksonville Foreclosure Lawyer today to review your circumstances to determine the best course of action for you.

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strategic_default.jpgAs the numbers of Americans considering strategic defaults rises, more and more mortgage brokers are fielding calls asking about the possibility for “buy and bail” purchase. A “buy and bail” purchase is where a homeowner is considering a strategic default on their home, often due to an extreme drop in their home’s value, purchases another home before they default on their current home. By completing a “buy and bail” purchase, a homeowner is able to get into another home, often at a steep discount due to low home values, before their credit rating is ruined because of the default.

Mortgage brokers are seeing an increase in “buy and bail” purchases even though Fannie Mae and Freddie Mac have attempted to set up standards to prevent it. The borrowers most likely to take advantage of buy and bail purchases are those with high credit scores and who have jumbo loans that fall outside of Fannie and Freddie funding limits. Many mortgage brokers ask about the potential for “buy and bail” purchases during the application process and if homeowners lie on their application, a “buy and bail” purchase constitutes fraud. While “buy and bail” purchases are becoming more popular, the FBI and other federal agencies are investigating allegations of “buy and bail” purchases aggressively.

If you are facing a Florida Foreclosure Lawsuit, there are foreclosure alternative options that may be available to you. Contact a Florida Foreclosure Lawyer today to review your case and options.

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