Lance Denha’s Post

🏠 Finding a Top-Notch Foreclosure Attorney in Chattanooga Are you facing foreclosure in Chattanooga and in need of legal assistance? Navigating the complexities of foreclosure proceedings can be overwhelming, but having a skilled foreclosure attorney by your side can make all the difference. Here's how to find the right one for your needs: 1. Research Local Attorneys: Start by researching local attorneys who specialize in foreclosure cases. Look for those with extensive experience and a successful track record in handling similar cases in Chattanooga. 2. Check Reviews and Testimonials: Take the time to read reviews and testimonials from previous clients. This will give you insight into the attorney's reputation and how they've helped others in similar situations. 3. Schedule Consultations: Once you've narrowed down your options, schedule consultations with a few attorneys to discuss your case. This will give you the opportunity to ask questions, discuss your concerns, and gauge how well you connect with each attorney. 4. Inquire About Experience: During your consultations, inquire about the attorney's experience with foreclosure cases in Chattanooga. Ask about their success rate, their approach to handling cases, and how they plan to assist you. 5. Discuss Fees: Be sure to discuss fees and payment options upfront. Understand how the attorney charges for their services and what expenses you may be responsible for throughout the process. 6. Consider Communication: Communication is key when working with a foreclosure attorney. Choose someone who is responsive, transparent, and keeps you informed every step of the way. 7. Trust Your Instincts: Ultimately, trust your instincts when selecting a foreclosure attorney. Choose someone you feel comfortable working with and who you believe has your best interests at heart. 📞 Take Action Today! If you're facing foreclosure in Chattanooga and are looking to sell your house fast to avoid it, give us a call today at ☎️ 866-341-1663 or visit our website to fill out a form. Our team is here to provide you with the support and guidance you need to navigate this challenging time and find the best possible solution for your situation. Don't wait – take action now and let us help you secure a brighter future! 🏡💼 #ForeclosureAttorney #Chattanooga #LegalAssistance #SellYourHouseFast

Homeowners facing foreclosure have the right to seek legal representation and assistance throughout the foreclosure process. 📝 Legal aid organizations and foreclosure prevention counseling agencies can help homeowners understand their rights, explore options, and navigate legal proceedings (Michigan Legal Help). At Venture REI, we prioritize empowering homeowners with knowledge about their rights, ensuring that they are equipped to make informed decisions about their homes and financial futures. Check out our blog to learn more: https://loom.ly/WkKW99o #VentureREI #LegalProceeding #ForeclosurePrevention

Here is some thoughts on Post Foreclosure Evictions The first question you need to know when you have bought a property at foreclosure is who, if anyone, is still living there -because the answer dictates how much time you must allow for them to get packing. If they are tenants of the now-former owner, federal law says you must give them at least 90 days to vacate. If they are the former owners themselves, you can give them as little as three days' notice but cannot recover attorneys' fees incurred evicting them. By giving the former owners at least 11 days' notice to surrender the property, you can ask for your attorneys' fees at trial which could discourage an appeal to County Court. Post Foreclosure evictions can be complicated. Contact the Sprigg-Novak Law Firm for a consultation. 214-216-1667 #Dallaslawyers #realestatelitigation #postforeclosureeviction #Texaslawyers #Texaslawyertips #propertylaw

Navigating Foreclosure: Legal Insights for Homeowners in Distress Join Dolly Lopez, a seasoned realtor and real estate broker, along with Leslie Perez and Valerie Hassan, esteemed real estate attorneys in the state of Florida, as they delve into the intricate legal landscape of foreclosure proceedings. In this episode, they explore essential information and expert guidance to empower homeowners facing financial hardship. Our legal experts shed light on the nuances of foreclosure laws, discussing key topics such as legal procedures, notification requirements, state-specific considerations, bankruptcy implications, and homeowner rights. Whether you're a homeowner navigating foreclosure or a real estate professional seeking legal insights, tune in to gain invaluable knowledge and actionable advice from our experienced panel. Elite KY Homes ☎️ | (813) 696-3606 🌐 | www.dolly.realtor 📩 | [email protected] #realestate #foreclosureprocess #uncoveringsecrets #property #realestateinvesting #realestateforeclosure #homeownership #investing #propertyinvestment #realestateeducation #homebuying #realestatetips #foreclosurehelp #housingmarket #propertyforeclosure #realestateguide #foreclosureinvesting #realestatelaw #financialfreedom #realtor

When navigating the complexities of judicial foreclosures, especially in the wake of the "Show Me State” case, precision and reliability in service of process are more critical than ever. ProVest is your trusted partner, providing unmatched expertise and efficiency to ensure your foreclosure proceedings stay on track.   Our specialized service of process is tailored for judicial foreclosures, delivering fast, accurate, and legally compliant solutions. With ProVest, you gain:   ✅ Expert Handling: Our team is well-versed in the nuances of process serving statutes and processes in all 50 states.   ✅ Nationwide Reach: ProVest's extensive network guarantees coverage where you need it most, whether your case is local or across state lines.   ✅ Real-Time Tracking: Stay informed with our cutting-edge technology that offers real-time updates on the status of your service.   ✅ Compliance Assurance: We prioritize adherence to legal requirements, safeguarding your proceedings from delays and challenges.   Choose ProVest and confidently move forward with your judicial foreclosure cases. We’re here to streamline your service of process so you can focus on winning your cases. For over 30 years, we have been the Stable, Sound, and Secure process serving vendor of choice for Creditors' Rights Attorneys nationwide.   If you have questions, please contact Carl Turro, SVP, Foreclosure, at (813) 635-6562 or [email protected].   #serviceofprocess #relationships #clientservice #foreclosures #judicialforeclosures

Under the new AB 2424 law, homeowners facing foreclosure now have a 45-day extension opportunity to sell their property if they list it for sale. This can be an important step in avoiding foreclosure, and seeking legal guidance can help ensure all requirements are met. To qualify for the 45-day extension: 1. You must have a signed listing agreement with a licensed California real estate broker. 2. The listing must be on a publicly available marketing platform. 3. The executed listing agreement must be sent via certified mail or other tracked overnight mail services, with confirmation of the recipient’s signature and the date and time of receipt. 4. The trustee must receive the listing agreement at least five business days before the scheduled foreclosure sale date. Remember, this extension can only be used once. Reach out to legal aid for support in navigating these requirements and ensuring your rights are protected.

Fresh out of the 4th DCA this morning in the opinion on US Bank’s Motion for Rehearing in the Desbrunes v. US Bank case. The opinion now holds that since the property that was subject to the foreclosure action was the homestead property of the decedent, there was no requirement to appoint a personal representative since homestead property passes outside of any administration of the decedent’s estate. The new opinion affirms the final judgment of foreclosure entered in the case.   The Court cites to Clifton v. Clifton, 553 So. 2d 192, 194 n.3 (Fla. 5th DCA 1989) and the footnote in that opinion that “Homestead property, whether devised or not, passes outside of the probate estate. Personal representatives have no jurisdiction over nor title to homestead, and it is not an asset of the testatory estate.” and also cites to Ray v. Rotella, 425 So. 2d 94, 96 n.3 (Fla. 5th DCA 1982) where that Court held, also in a footnote, that “The estate of a decedent is not an entity that receives the title and passes it on to the heirs or devisees if not conveyed to others for other purposes during administration.”. The Court also notes in its own footnote “In our withdrawn opinion, we overlooked the fact that the property was homestead, which was not expressly pointed out by appellee in its briefing. However, appellee did argue that it had complied with rule 1.260 by substituting the heirs. Because the property is homestead, we agree.”   The questions about non-homestead property and in rem vs. in personam actions remain unaddressed and we will have to wait and see if a future case addresses these issues. With these issues unresolved, it does feel that this decision leaves the door open for more misinterpretation of the intersection of real estate and probate law. For the time being, some stability is returned to the world of foreclosures. It will be interesting to see what guidance the title underwriters provide in light of this decision when handling foreclosures where there is a deceased borrower, or in the world of community associations that I inhabit, a deceased owner.

A recent decision from the Fourth DCA has thrown a monkey wrench into Florida residential #foreclosures. Apparently, banks as a matter of course have been moving to substitute HEIRS (instead of PERSONAL REPRESENTATIVES) in cases where the borrower dies before the foreclosure judgment is entered. That's a procedural "no no" -- as the Fourth explained: "When the mortgagor died, his attorney filed a suggestion of death. Appellee mortgagee then moved to amend its complaint to add the heirs of the decedent, including appellant, as party defendants, which the trial court granted. Though timely filed and served, this motion was clearly improper under Florida Rule of Civil Procedure 1.260(a), which requires the joinder of the “proper parties.” For a deceased party, the joinder of the estate’s legal representative, such as the personal representative, is required. A decedent’s heirs are not legal representatives of the decedent. ... Appellant and the other heirs were served with the complaint, and when they failed to respond, appellee obtained a clerk’s default. Appellee also secured the trial court’s appointment of an administrator ad litem and guardian ad litem to represent any unknown heirs. This too was improper. ... [A]ll action after the suggestion of death was a legal nullity and invalid because the proper party was not before the trial court. Reversal is required." Desbrunes v. U.S. Bank, N.A., No. 4D2022-2647 (Fla. 4th DCA Feb. 14, 2024). Takeaways: For Banks: Unless the Florida Legislature changes the law, banks will need to open probate estates for all deceased borrowers before obtaining final judgments of foreclosure. For People: If you are the heir of a person who died while a defendant in a residential foreclosure action, you may open a probate estate, get appointed as the personal representative, and file a motion to set aside the judgment of foreclosure as being void. For Enterprising Plaintiff's Lawyers: How about a class action against national banks for taking real property from dead Floridians without due process and thus depriving heirs of their inheritances for the past four years?   #Floridalaw #foreclosure #probate

💼 Legal Blueprint: Initiating Nonjudicial Foreclosure on Seller-Financed Properties What are the initial legal steps for starting a nonjudicial foreclosure in seller-financed sales? 📌 💼 File a Notice of Default as a formal indication of the buyer’s payment failure 📝 💼 Adhere to specific timelines and legal requirements for notifying the buyer and publicizing the foreclosure sale 🕒 Why is following the correct legal procedure essential? 🌟 💼 Precise adherence to legal protocols ensures the foreclosure process is valid and enforceable ⚖️ 💼 It helps in protecting your rights as a seller and reduces the risk of legal challenges from the buyer 🛡️ How can Attorneys Real Estate Group assist you in this process? 🌆 💼 Our expertise lies in navigating the intricacies of nonjudicial foreclosures for seller-financed properties 🧭 💼 Start with a FREE consultation to understand your legal obligations and the steps involved 📞 💼 We are committed to guiding you through a legally compliant and effective foreclosure process 👍🌟 Considering a nonjudicial foreclosure for a seller-financed property? Ensure you start on solid legal ground. Visit AttorneysRe.com to book your free consultation today! 🌐📲 #NonjudicialForeclosure #SellerFinance #LegalSteps #ForeclosureProcess #LawFirm

💼 Legal Blueprint: Initiating Nonjudicial Foreclosure on Seller-Financed Properties What are the initial legal steps for starting a nonjudicial foreclosure in seller-financed sales? 📌 💼 File a Notice of Default as a formal indication of the buyer’s payment failure 📝 💼 Adhere to specific timelines and legal requirements for notifying the buyer and publicizing the foreclosure sale 🕒 Why is following the correct legal procedure essential? 🌟 💼 Precise adherence to legal protocols ensures the foreclosure process is valid and enforceable ⚖️ 💼 It helps in protecting your rights as a seller and reduces the risk of legal challenges from the buyer 🛡️ How can Attorneys Real Estate Group assist you in this process? 🌆 💼 Our expertise lies in navigating the intricacies of nonjudicial foreclosures for seller-financed properties 🧭 💼 Start with a FREE consultation to understand your legal obligations and the steps involved 📞 💼 We are committed to guiding you through a legally compliant and effective foreclosure process 👍🌟 Considering a nonjudicial foreclosure for a seller-financed property? Ensure you start on solid legal ground. Visit AttorneysRe.com to book your free consultation today! 🌐📲 #NonjudicialForeclosure #SellerFinance #LegalSteps #ForeclosureProcess #LawFirm