The Protecting Tenants in Foreclosure Act Explained

The Protecting Tenants in Foreclosure Act took effect on May 20, 2009 to protect tenants from eviction because of foreclosure on the properties they occupy. This Act applies to cases of foreclosure on a “federally-related mortgage loan, any dwelling or residential real property.” Under the Protecting Tenants in Foreclosure Act, the immediate successor in interest, […]

What Does Writ of Possession Mean?

A Writ of Possession is a court order that grants full possession of tangible property (usually a dwelling such as a house or apartment) back to the owner or landlord. It’s usually granted after the landlord wins an eviction lawsuit against a tenant. Common reasons for eviction lawsuits include nonpayment of rent or violating terms […]

In the State of Florida, can an HOA Foreclose on my Home After Placing a Lien on it Due to Non-Payment Even if My Mortgage is Current?

Can your Homeowners’ Association (HOA) foreclose on your home if you’ve defaulted on assessment fees?  Yes!  In fact, per Florida law, your homeowners’ association can potentially foreclose your property even if you are current on your mortgage.  If you’ve fallen behind on HOA fees, read on for some insights on what to expect. Per Florida […]

Can a Trustee Claim a Security Deposit in Bankruptcy?

Though one can file a petition for relief under a number of chapters in the Bankruptcy Code, consumers most commonly file for liquidation under Chapter 7, which involves a court-appointed trustee collecting nonexempt assets from the petitioner or debtor in order to pay its creditors.  Generally a trustee can in deed claim a security deposit […]
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