Going through foreclosure? Not sure when you have to leave?

You’re at risk for an illegal eviction. Tampa resident and illegal eviction victim Bruce Wernet explains.

I came home to find two trucks being loaded with my personal belongings. A “lock-out” company, hired by the bank, informed me that the house was foreclosed upon, and they now were the owners of my personal property.

I called the Hillsborough County Sheriff’s Office, and the company was ordered to leave. Once a home becomes foreclosed on, it doesn’t mean that the bank can take your belongings and change the locks. They are required to file a writ of possession that is carried out by sheriff’s deputies.

In my case, no writ of possession had been filed. But the lock-out company already had removed several valuables that were never recovered. I felt violated, as if I woke up and found myself in a communist country.

If you find yourself the target of an illegal eviction, call the sheriff first and a lawyer next. Don’t lose your home before you absolutely have to.

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Want to know more? Contact us at Ricardo, Wasylik, & Kaniuk, PL.

Florida lawmakers stick it to foreclosure victims again: homeowners’ filing fees go up to $1,900

May 29, 2009
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No man’s life, liberty, nor property is safe while the legislature is in session.
-Judge Gideon Tucker
Foreclosure filing fees jacked up to $1,900
In an apparent effort to stem the tide of foreclosure cases, and stauch the bleeding budget at the same time, the Florida Legislature this year jacked up court fees in foreclosure cases - up [...]

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Fake Sale Dates and Identity Theft

May 21, 2009
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Identity Theft Warning
The phone rings. On the other end, someone claims to be calling from your bank, telling you that a sale date has been scheduled on your home for next week, or the week after.
But, they say, you can stop this if you submit an application for a loan modification. All you [...]

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Obama foreclosure plan or loan modification scam?

April 20, 2009
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Looking for government help to save homes
One of the most popular search terms people use to find one of our sites is “Obama foreclosure plan.” Homeowners in economic distress are hungry for information about government programs. And of course, where there are people hungry for information about what the government is doing to [...]

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Senator Martinez responds to foreclosure concerns, weakly.

April 17, 2009
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My friend Deidre Newton wrote to U.S. Senator Martinez in support of the “Helping Families Save Their Homes in Bankruptcy Act” (S. 61). This legislation would allow a bankruptcy judge to modify the terms of a debtor’s primary residence and reduce the principal owed on a mortgage to avoid home foreclosure.
Senator Martinez wrote back, a [...]

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New scorched-earth tactics from second-note lenders: skip foreclosure, skip deficiency judgment, go straight for the jugular

April 16, 2009

Florida asset protection lawyer Jonthan Alper reports that more second-note holders are skipping the foreclosure process and going straight to court on the promissory note itself.
A colleague of Alper’s says, “In other words they are seeking what is tantamount to a deficiency decree and will not have to go through any procedure to domesticate it [...]

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Two more loan modification firms taking up-front fees draw the wrath of Florida Attorney General Bill McCollum: National Foreclosure Counseling Services Corp. and Keep Your Property, Inc.

April 10, 2009

Two more loan modification shops are under fire from Florida’s Attorney General Bill McCollum:
The lawsuits were filed against south Florida’s Keep Your Property Inc. and Jacksonville-based National Foreclosure Counseling Services Corp. The attorney general’s office alleges that both companies charged up-front fees to customers facing foreclosure. This is against the law in Florida.
McCollum has said [...]

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Dishonest process servers deliver consumer injustice

April 7, 2009

What if someone sued you and you didn’t even know about it? That’s happening to consumers all over the country, because some people appointed to deliver important court papers are lying about doing their jobs.
The Home Equity Theft Reporter details a new report from the New York area about this practice. The study [...]

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“Almost always scams” - law enforcement cracks down on foreclosure rescue operations

April 7, 2009

Foreclosure rescue scammers now have a new front to worry about: a coordinated operation by state and federal officials to shut down those who prey on foreclosure victims.
“The message is very simple: If you prey on vulnerable homeowners with fraudulent mortgage schemes, we’ll find you and we will punish you,” [U.S. Attorney General Eric] [...]

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April Charney comes to Tampa again, blasts “sloppiness, deception and outright fraud.”

April 6, 2009

The St. Pete Times reports on April Charney coming to town again:

At the start of class, April Charney makes one thing clear.
“This is very dense, complicated work,” she warns. “If you don’t get it, raise your hand and ask questions because the chances are others don’t get it either.”
[She's speaking to] lawyers and judges [...]

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