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Florida Bankruptcy Court Orders Creditor to Compensate Debtor

  • 07
  • May
    2012

The Florida Bankruptcy Court recently came down hard on Bank of America after it ignored a Florida debtor's discharge and continued to call the debtor thirty-eight times trying to collect on debts. The court ordered the bank to pay the debtor for emotional distress and attorney's fees.

A debtor's discharge is a legal action intended to protect a debtor. Following a discharge, collection agencies are not allowed to send letters or make phone calls asking for payment. This gives debtors time to collect their finances without harassing phone calls and other communications.

Creditors can file an objection to the debtor's discharge. All creditors get notice of the debtor's filing and a deadline to object. The court will not always grant a debtor's discharge if the debtor concealed assets or has not fulfilled the necessary discharge requirements such as taking classes on personal financial management.

Forgiven Debt May Be Considered Income by the IRS

  • 10
  • April
    2012

As many Americans rush to file their 2011 taxes to meet the April 17th deadline, some may wonder whether they have to pay tax on forgiven mortgage debt. Many individuals who have had mortgage debt forgiven after successfully negotiating with a mortgage company may find they owe tax on the forgiven debt, though there are exceptions to the rule.

Income Tax on Forgiven Debt

The IRS requires individuals to pay income tax on forgiven mortgage debt. Historically, this includes any loan modifications that reduced the total amount owed on a mortgage and mortgage debt forgiven in the event of a foreclosure.

The IRS provides this simplified example on its website: If a homeowner had a loan of $10,000, paid back $2,000, then defaulted on the loan, there was a cancelation of debt of $8,000 and that $8,000 is taxable income. Any amount of canceled debt over $600 must be reported to the IRS, even if it qualifies for some of the following exclusions.

Faster Foreclosures in Florida? Not Yet.

  • 20
  • March
    2012

The last day of the Florida legislative session saw the quiet death of several bills that would speed the foreclosure process for some homes. The sponsors hope the legislation will help spur economic recovery in the state and plan to try again next session.

Florida has suffered a heavy blow from the real estate crisis of the last few years. At times, it has been among the top states for mortgage delinquencies, foreclosures and falling real estate values.

The real estate market has been crippled by a glut of foreclosed properties with an estimated 368,000 foreclosure cases working their way through the Florida courts. In February, RealtyTrac noted an increase of almost 53 percent for South Florida foreclosure filings compared with the same period in 2011.

These properties in foreclosure inhibit the improvement of real estate prices. Uncertainty over when foreclosed properties will sell within a neighborhood, and at what price, depresses the selling price of all properties.

Families Struggle to Pay College Tuition as Costs Soar in Florida

  • 27
  • February
    2012

The costs of higher education continue to increase faster than the overall rate of inflation. Parents are struggling to pay tuition costs for their children. Although funding college was never easy, the ballooning increase in tuition and fees forces many parents to take out loans they may not be able to repay.

These excessive loans can worsen your financial situation and drive you to consider filing for bankruptcy protection.

In the past, families would often fund college expenses through a second mortgage. But as home prices have plunged borrowers no longer have adequate equity for a second mortgage.

Many parents are turning to other forms of funding. One popular choice is the Parent Loans for Undergraduate Students (PLUS) loan. This loan is government issued and requires no collateral. But a PLUS loan comes with a 7.9 percent fixed interest rate.

Florida Homeowners Fight Foreclosure, Met With Injustice

  • 30
  • January
    2012

For one homeowner facing foreclosure in Winter Springs, the Judge tried to speed through the case and would not give him a chance to defend himself. This was because the Judge was scheduled to hear over 300 foreclosure cases in just three days.

The Florida court system is struggling to manage a backlog of foreclosure cases. The overload resulted from an end to the funding that paid retired judges to hear the cases. Foreclosures have flooded the court system making foreclosure defense even more complicated.

Help May Be on the Horizon for Florida Homeowners Facing Foreclosure

  • 16
  • December
    2011

In December 2009, the Florida Supreme Court ordered that lenders and borrowers be allowed to file for pre-suit mediation prior to initiating the foreclosure process. This pre-suit mediation program, dubbed Residential Mortgage Foreclosure Mediation, fulfills Florida's mediation requirement for all foreclosure matters and allows lenders and borrowers to voluntarily attempt to obtain a resolution. The goal of the program is to help homeowners keep their homes and give them a fresh start financially.

The program was initially available only in state courts. However, in recent months the Federal Bankruptcy Court enlisted bankruptcy trustee Laurie Weatherford's help in creating a similar program to help homeowners in the federal bankruptcy courts. Bankruptcy judges had grown concerned with the number of debtors who were entering their court rooms owing more on their mortgages then their properties were worth, and seriously behind on their mortgage payments.

The federal program works in conjunction with Chapter 13 bankruptcy proceedings. Chapter 13 proceedings can often allow homeowners to keep their homes by working out a debt repayment plan with their creditors.

Feds Provide Recourse for Wrongful Foreclosure Victims

  • 05
  • December
    2011

It's no secret that Florida and the rest of the country has suffered through and continues to suffer through a tough economy.  The Great Recession has claimed the livelihoods and homes of many throughout Orlando as savings and even retirement accounts have been tapped into to make ends meet.

At the same time, far too many homeowners faced foreclosure because of improper behavior on the part of their mortgage servicers. Sadly, Orlando foreclosure defense attorneys see it all the time.

But, finally, the federal government has taken notice of these wrongful foreclosures and is giving Orlando-area homeownes, as well as homeowners throughout the U.S., a way to fight back.

Florida Foreclosure Proceedings Taking Longer to Process

  • 28
  • November
    2011

The length of time between initial filing and completion of a Florida foreclosure continues to grow. On average, the process now takes 749 days, or a little over two years. By comparison, the national average is 366 days. Only two states have longer completion periods than Florida - New York takes the number one spot at 986 days with New Jersey coming in a close second at 974 days.

The long processing period is largely due to the fact that Florida foreclosure laws, unlike those in most states, require judicial approval of foreclosures. Combine that with the fact that Florida is home to a disproportionately large share of the country's foreclosures, and you have a perfect recipe for big backlogs and long waits.

The duration of a Florida foreclosure proceeding is not expected to shorten any time soon, as initial filings continue to grow. October's initial filings were seven percent higher than the same time last year. October also marked the third straight month of increases in foreclosure filings after a temporary slowdown caused after regulators discovered that mortgage companies and loan processers had behaved improperly.

Orlando Homes Back In Top Ten Cities For Foreclosures

  • 18
  • November
    2011

Orlando had spent almost a year outside the dreaded top-ten metropolitan areas for foreclosures, but October 2011 marked Orlando's reentry to the top end of the list. From September to October of this year, Orlando-area homeowners saw a 36 percent increase in foreclosure filings.

Good News, Bad News

According to the Orlando Sentinel, September was the first time since November 2010 Orlando has been on the list. While nationwide foreclosures were up only seven percent, in Orlando they rose 36 percent. The good news is this is still down 41 percent from a year ago.

What this may indicate is that lenders have overcome some of the defects in many of the foreclosures they filed in 2010. Those defects eventually led to many mortgage holders placing a moratorium on new foreclosure filings, until they could fix the deficiencies in many of the filings.

New Incentive for Florida Homeowners Facing Bank of America Foreclosure

  • 20
  • October
    2011

If you're one of the many Florida homeowners struggling to make ends meet, to make your monthly mortgage payment or are facing foreclosure of your Orlando area home, Bank of America is offering a new incentive to Florida homeowners. In exchange for short selling a home rather than taking the bank through the foreclosure process, Bank of America is offering up to $20,000 to some Florida homeowners.

In order to qualify, a short sale must be submitted for approval to Bank of America by November 30th. In addition, a home must not currently have an offer or offers pending and the sale must close by August 31, 2012. Not all short sales will qualify for the $20,000 payout to sellers, but the reported minimum payout is $5,000.

The Florida foreclosure process is averaging almost two years from start to finish and is almost twice that of the national average. It is believed that Bank of America is trying to encourage homeowners who may be facing a Florida foreclosure to leave a home sooner and in better condition than some foreclosed properties have been by offering a relocation fee or bonus to the cooperating homeowner.

OFFICE LOCATIONS: Price Law Firm, PLC

Price Law Firm, PLC
390 Maitland Avenue
Suite 1000
Altamonte Springs, FL 32701

407-834-0090
Altamonte Springs Law Office

Price Law Firm, PLC
7380 Sand Lake Road
Suite 500
Orlando FL 32819

321-445-9353
Orlando Law Office

Phone: 407-792-3473
Toll Free: 866-381-9243
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