Wednesday, June 11, 2014

Essentials for diddling in Florida Real Estate

In case you want to take advantage of Florida's real estate opportunities, or deal with foreclosures, I recommend studying these sites, and making my recommended methodology part of your property acquisition strategy.

Mortgage Attack

http://mortgageattack.com
the methodology in a nutshell: 
  • fight the foreclosure of a valid note which the borrower breached, and you will eventually lose the house;
  • attack the mortgage (its underlying torts, breaches, and errors), and you have a chance of winning.
If you want personal attention right now, save the attached Mortgage Attack Questionnaire with your name appended to the file name, then fill it in, and email it as instructed on the form.

Learn the law and become disposed to using it.

http://floridabar.org - rules of court
Appellate
Civil - rules of civil procedure
Criminal 
Family Law - Family law forms are available on The Florida State Court website
Judicial Administration - rules of judicial administration
Juvenile Procedure
Probate
Small Claims
Traffic Court
http://leg.state.fl.us - Florida Constitution and Statutes


Evidence code chapter 90

Chapter 95 LIMITATIONS OF ACTIONS; ADVERSE POSSESSION


Real and Personal Property
Chapter 697 INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE  
Chapter 698 CHATTEL MORTGAGES  
Chapter 701 ASSIGNMENT AND CANCELLATION OF MORTGAGES  
Chapter 702 FORECLOSURE OF MORTGAGES AND STATUTORY LIENS


Foreclosure Rescue


697.08 Equity skimming.
(1) It is unlawful for any person, with intent to defraud the owner of real property, to engage in equity skimming, which is, to:
(a) Purchase, within a 3-year period, two or more single-family dwellings, two-family dwellings, three-family dwellings, or four-family dwellings, or a combination thereof, that are subject to a loan that is in default at the time of purchase or within 1 year after the time of purchase, which loan is secured by a mortgage or deed of trust;
(b) Fail to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan; and
(c) Apply, or authorize the application of, rents from such dwellings for the person’s own use.
(2) A violation of subsection (1) constitutes a felony of the third degree, punishable as provided in s.775.082, s. 775.083, or s. 775.084.
History.s. 1, ch. 94-288; s. 775, ch. 97-102.

Mortgage Foreclosure

702.01
Equity.
702.03
Certain foreclosures validated.
702.035
Legal notice concerning foreclosure proceedings.
702.04
Mortgaged lands in different counties.
702.05
Mortgaged lands sold for taxes.
702.06
Deficiency decree; common-law suit to recover deficiency.
702.065
Final judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered.
702.07
Power of courts and judges to set aside foreclosure decrees at any time before sale.
702.08
Effect of setting aside foreclosure decree.
702.09
Definitions.
702.10
Order to show cause; entry of final judgment of foreclosure; payment during foreclosure.
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Bob Hurt            Blog 1 2 3   f  t  
2460 Persian Drive #70
Clearwater, FL 33763
Email Call: (727) 669-5511
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