FAQs

Oppenheim Law

• When was Oppenheim Law founded? (08/25/2014)
• Who does Oppenheim Law represent? (08/25/2014)
• Can Oppenheim Law help me with other real estate issues other than foreclosure? (08/25/2014)
• What is Oppenheim Law’s approach to foreclosure defense? (10/19/2012)

Foreclosure Basics

• What should I do if I know I am about to be served by a process server? (07/18/2012)
• What do I do after being served with a foreclosure complaint? (07/20/2012)
• How long do I have to respond to the complaint? (07/20/2012)
• Should I retain counsel after being served with a foreclosure complaint? (07/20/2012)
• What happens if I don’t respond to a foreclosure complaint? (07/20/2012)
• Will a foreclosure affect my immigration status? (07/20/2012)
• What does a bank have to prove in order to foreclose? (07/20/2012)
• What is foreclosure defense? (06/15/2011)
• Are there viable defenses to foreclosure? (11/15/2012)
• What areas of law are involved in foreclosure defense? (06/15/2011)
• Which judges decide Foreclosure cases? (11/16/2014)
• How long do foreclosure cases take to be adjudicated? (11/16/2014)
• I thought my home had been foreclosed and recently found out the bank had stopped the foreclosure, what can I do? (10/02/2014)
• What is the general attitude towards foreclosure cases in Broward and Miami-Dade courts? (11/15/2012)
• What does a bank need under the Florida Rules of Civil Procedure to prove a foreclosure case? (11/15/2012)
• Do banks dismiss cases? (11/15/2012)
• How did we get into the foreclosure crisis? (06/06/2012)
• Do all states have judicial foreclosure? (06/06/2012)
• What are zombie foreclosures? (07/22/2011)
• How do zombie foreclosures affect real estate? (07/22/2011)

Foreclosure Basics – Negotiating

• How can I pay off my mortgage when I am underwater?(06/15/2011)
• Can I get principal reduction in a loan modification?(01/13/2012)
• Can I negotiate with the bank to pay off a second mortgage at a discounted rate?(06/15/2011)
• Are banks willing to do principal reduction for second mortgages?(06/15/2011)

Foreclosure Basics – Strategic Default

• What does it mean to be underwater?(06/06/2012)
• What is a strategic default? (10/19/2012)
• As a homeowner do I have the option to strategically default?(10/19/2012)
• If I am underwater on my mortgage do I have options?(10/19/2012)
• If I am underwater can I negotiate with the bank?(10/19/2012)
• What are the benefits of strategically defaulting?(06/15/2011)
• What options do I have after strategically defaulting?(06/15/2011)

Foreclosure Basics – Foreclosure Legislation

• I heard about a National Mortgage foreclosure settlement for those foreclosed upon by banks with faulty paper work, am I entitled to that?(06/06/2013)
• What does the Florida Mortgage Relief Act do?(06/06/2013)
• What is the Mortgage Foreclosure Debt Relief Act?(11/30/2012)
• Was the national Mortgage Foreclosure Debt Relief Act renewed?(06/06/2013)
• Why did the Florida Governor speed up the Foreclosure process?(06/04/2013)
• Who does HB 87 benefit?(06/04/2013)
• Do I have recourse if my home was improperly foreclosed due to robo signing? (06/04/2013)
• What is the “Rocket Docket”?(05/21/2013)
• Is the “Rocket Docket” still occurring in Florida foreclosure?(05/21/2013)
• Does the “Rocket Docket” help the bank?(03/20/2013)
• Does the “Rocket Docket” affect my ability to negotiate with the bank?(03/20/2013)
• Will I be subject to the “Obamacare Real Estate Sales Tax”?(08/20/2012)
• What is required for the “Obamacare Real Estate Sales Tax” to apply?(08/20/2012)

Foreclosure Basics – Statute of Limitations

• What is a statute of limitations?(04/04/2014)
• Does my default begin the statute of limitations?(04/04/2014)
• How is a loan accelerated?(04/04/2014)
• Do most banks issue notices of acceleration?(04/04/2014)
• What is the statute of limitations for foreclosure?(4/08/2015)
• Does the statute of limitations apply to every foreclosure case?(4/08/2015)
• If my case was never dismissed does the statute of limitations still run?(4/08/2015)
• What is the effect of an acceleration letter from the bank?(4/08/2015)
• Does the statute of limitations apply to cases dismissed with or without prejudice?(4/08/2015)
• My case was dismissed over 5 years ago and the bank never filed another suit, is my case still open?(04/08/2015)
• I filed for bankruptcy and the bank never took steps to continue the foreclosure what can I do?(04/08/2015)
• Bank has already dismissed my case twice, can they file a third time?(1/02/2015)
• How long does a bank have after acceleration to bring a foreclosure claim(06/02/2014)
• If I win at trial, can the bank file for foreclosure again?(06/02/2014)
• How long does the bank have to re-file after a dismissal?(06/02/2014)
• If I made a payment after my case was dismissed, does my case restart?(06/02/2014)
• If the statute of limitations has passed can I sell my home?(1/02/2015)
• If the statute of limitations has passed can I lease my home?(1/02/2015)

Foreclosure Basics – Deficiency

• What is a deficiency judgment?(06/01/2014)
• What is a deficiency?(09/30/2011)
• What is the difference between a deficiency and a deficiency judgment?(09/30/2011)
• Do all states have deficiency judgments?(06/15/2011)
• How long does the bank have to file for deficiency?(06/01/2014)
• How do I avoid a deficiency judgment?(06/15/2011)
• What is a 1099?(04/23/2014)
• If sell my home through a short sale will I get a 1099?(04/23/2014)
• Is there an exemption from a 1099?(04/23/2014)
• Are there any factors the IRS looks for to waive the 1099?(04/23/2014)
• Can I get a deficiency waived?(09/30/2011)
• If I go through a foreclosure with a waiver of deficiency will I be issued a 1099?(04/23/2014)
• If the bank does not waive the deficiency will I be issued a 1099?(04/23/2014)
• Does bankruptcy wipe out the 1099?(04/23/2014)
• If I was foreclosed upon before July 1st 2013 can the bank file a deficiency judgment?(04/11/2014)
• Is there a way to negotiate with the bank regarding deficiency?(06/15/2011)
• Can a bank garnish my wages to satisfy a deficiency judgment?(09/30/2011)
• What must the bank do in order to get adeficiency judgment?(09/30/2011)
• Can I negotiate my deficiency?(09/30/2011)

Real Estate

• What advice would you give to future home buyers? (08/31/2012)
• Should both spouses income be used to qualify for the mortgage? (08/31/2012)
• Should both spouses sign the mortgage? (08/31/2012)
• How much income should I allocate to my mortgage payment? (08/31/2012)
• What is a short sale? (06/15/2011)
• Must a bank approve a short sale? (06/15/2011)
• How do I get the bank to approve a short sale? (06/15/2011)
• What is the difference between a short sale and a foreclosure? (04/17/2012)
• What criteria must I meet in order to qualify for a short sale? (06/25/2011)
• What is the status of the real estate market in Florida? (05/16/2013)
• Will climate change have an effect on the value of my real estate? (12/06/2013)
• How long before climate change affects my property? (12/06/2013)
• What can I do to protect my property from climate change? (12/06/2013)
• What tax credits are available to me as a first time home buyer? (07/17/2009)

The following questions and answers are provided for general information only and may not be completely accurate in every circumstance, do not purport to be legal advice, and are not intended to be legally binding on Oppenheim Law in a particular case. Questions involving your legal rights and obligations should be addressed to a lawyer. Also please be mindful of the date the answers were published as the law continues to change and evolve.