Foreclosure in 33009>Question Details

Dan O'connell, Other/Just Looking in 33009

Can a defendant appeal a final judgement of foreclousre in the State of Florida?

Asked by Dan O'connell, 33009 Sun Feb 14, 2010

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Hi Dan,

Yes. In the American Courts any person can represent or defend them self in court. Many persons hire attorneys to represent them but not all. If you had a foreclosure as it appears you did and the lender was able to obtain a deficiency judgment against you at the time of Judicial Foreclosure you probably had an opportunity to defend yourself at that time.
If for some reason you were not present when the judgment was issued, then you may have missed your first opportunity. The appropriate strategy would have been. A loan audit, a Qualified Written Request, a historical appraisal, a current appraisal, wrongful foreclosure, produce the note type of strategies.
However, now that the lender has the judgment against you you can execute a number of strategies:

Wrongful foreclosure
File a bk to shake the debt
Settle the debt for pennies on the dollar through good old fashion negotiation
Loan Audit and settle
Loan Audit and File a Lawsuit depending on what the loan audit produces
Loan Audit and BK

If you do not settle the judgment here is what will most likely happen. The lender will "sell" that debt for pennies on the dollar to a collection agency. That collection agency will be entitled to the entire debt and go after you. Place liens on other property, garnish wages etc. Then you have the statute of limitations which in your state is 7 years I believe. Many people think they do not have anything so they do not have to worry. Well that is right now. In 5 years it might be a different story and guess who is waiting for you...With compounded interest.

Good luck!
Hannah Fliegel
The Credit Repair Expert
2 votes Thank Flag Link Mon Feb 15, 2010
This question should be answered by a real estate attorney.
2 votes Thank Flag Link Sun Feb 14, 2010
Of course you can. I can show you how to stop all foreclosure efforts by the bank. Just email me at: munozmelbourne@yahoo.com
1 vote Thank Flag Link Mon Oct 15, 2012
As the others have noted, this question is best answered by an attorney. However, here is a link to a brief discussion of Florida foreclosure law:

http://www.foreclosurelaw.org/Florida_Foreclosure_Law.htm

You might want to click at the bottom to get to the actual state statutes.

Additionally, it is a good idea to get some foreclosure avoidance counseling, even at what appears to be a late date here. Be careful about who you choose. There are a lot of predatory companies out there, so use an organization listed by Housing and Urban Development.

Here is the link for HUD-approved organizations:

http://www.hud.gov/offices/hsg/sfh/hcc/fc/

There are a lot of groups in Florida, so you should not have trouble finding one in your area.

I hope this helps!

Best,
Ron Rovtar
Prudential Real Estate of the Rockies
Boulder, CO
303.473.1926
1 vote Thank Flag Link Sun Feb 14, 2010
Consult with an attorney specializing in real estate--most professionals do offer a free consultation.
0 votes Thank Flag Link Sun Feb 14, 2010
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