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Estate Planning

: Florida Estate Planning Lawyer Blog

Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?

By David M. Goldman

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As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California.
Florida law requires that the lenders and mortgage companies seek a court judgment that allows for the foreclosure. This type of foreclosure is a Judicial Foreclosure. Over 20 states have non-judicial foreclosures and do not have the formal process. A Judicial foreclosure state, like Florida, is good for consumers because it provides a structure to file counterclaims and asset other defenses for Truth in lending violations or violations of the Fair debt Collections Act.

In other states, clients have a difficult time in asserting defenses. If you have been trying to work on a Loan Modification and have not been successful, you should contact a Jacksonville Foreclosure Lawyers to discuss things that can be done to prepare for foreclosure and to keep track of violations that could create monetary damages that you may be entitled to.

Full post as published by Florida Estate Planning Lawyer Blog on November 18, 2009 (boomark / email).