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Why you should not ignore a mortgage foreclosure proceeding against you.

KNaugle — Tue, 21 Feb 2012 18:05:43 +0000

Consumer Protection in a Minute from the Florida Bar

Mortgage foreclosure:

Foreclosure is the process in which the lender of mortgage company takes control of the mortgaged property and sells it to raise money to pay on the debt created by the Note. In Florida, mortgage foreclosure is a judicial process. This means it is a lawsuit, similar to other kinds of lawsuits. It is formal and potentially complex.

The point of a judicial foreclosure is for the lender to obtain from the court a judgment in foreclosure, and the right to hold a sale of the mortgaged property. The court is involved in the foreclosure process all the way through.

So, if a borrower feels there is something wrong or improper occurring, he or she can raise those issues within the judicial foreclosure proceeding.

Most people don’t realize that, even after a foreclosed property is sold, they might still owe money to the lender. If the market value of the property is less than the amount owed on the mortgage debt, then the lender can obtain what is called a deficiency judgment for the difference against the original borrower.

Since the foreclosing plaintiff has five years after the foreclosure judgment to even begin pursuing a deficiency judgment, many people who think their mortgage problem is behind them do not realize they have overlooked this serious problem. Florida has the second highest foreclosure rate in the United States. Florida mortgages are heavily upside down and Florida law makes the process of pursuing deficiency judgments quite simple.

So, what should you do to avoid a deficiency judgment? The answer to this question differs widely depending on all the details of your particular situation. The worst possible thing is to do nothing. Be careful! There are many scams which are dangerous and promises that are untrue. You may have options you know nothing about, but as the process moves forward toward foreclosure and then toward deficiency judgment, the options that you may have disappear if you are not careful to preserve them. Careful analysis by a knowledgeable attorney who understands both foreclosure defense and bankruptcy is necessary, to determine and protect your rights.

If we can be of assistance to you with regard to a mortgage foreclosure please do not hesitate to call our office at (904)366-2703 to set up a consultation with one of our attorneys.

The Jacksonville Women Lawyer’s Association will host Valerie Logan of Allstate Financial to discuss “What is your financial “purs-sonality” on March 8th, 2012 at noon.

KNaugle — Tue, 21 Feb 2012 17:59:04 +0000

Jacksonville Women Lawyers Association

Cordially invites you to its March Luncheon

Guest Speaker:

Valerie Logan

Allstate Financial Specialist

Topic: What is your financial “purse-sonality”

*Allstate has generously donated two designer purses for this event. One purse will be given away through a drawing and the second will be given to the member who brings the most guests*

Noon on Thursday, March 8th at The River Club

Kindly RSVP by noon on Friday, March 2nd to kate@katemesiclaw.com

$25.00 for members and $28.00 for non-members

2.21.2012 Jonathan Smith in Jacksonville Daily Record

JSmith — Tue, 21 Feb 2012 16:37:52 +0000

Attorney Jonathan Smith was featured in the Jacksonville Daily Record for his work in the Downtown Council Chamber of Commerce. For more click here.

Jacksonville Women Lawyers to Host Batchelor/Batchlorette Auction to benefit Jacksonville Area Legal Aid

KNaugle — Thu, 09 Feb 2012 22:36:38 +0000

The Jacksonville Women Lawyers will host a Bachelor/Bachelorette auction to benefit Jacksonville Area Legal Aide on Thursday February 9th, 2012. The event starts at 5:30 pm, with a happy hour from 5:30 to 6:30. The auction starts at 6:30 pm. Tickets are $30.00. For more information please contact Stephanie Harriett at Harriett@coj.net.

February 2012 Jacksonville Women Lawyers Luncheon Guest Speaker Gari Greenwald, Wardrobe Consultant

KNaugle — Thu, 09 Feb 2012 21:58:34 +0000

On Thursday February 9th, 2012 the Jacksonville Women Lawyer’s February luncheon will be held at noon at the River Club. Our guest speaker will be Gari Greenwald, a wardrobe consultant who will speak to us regarding appropriate dressing choices.

Does A Revocable Living Trust Provide Protection From Creditor Claims?

KNaugle — Thu, 26 Jan 2012 16:06:50 +0000

The Florida Bar states, “In Florida, the trust assets are not protected from the claims of your creditors. During your lifetime the assets in a revocable trust are treated as owned by you, and subject to the claims of your creditor as if you owned them in your personal name. If the trust assets remain in trust after your death, the interests of the beneficiaries may be protected from their creditors by a “spendthrift” provision in the trust agreement. Florida law provides special protection for many types of assets, including assets owned by a husband and wife as “tenants by the entirety.” Consideration should be given to these assets when you decide how to fund your revocable trust. Your attorney can advise you on the types of assets that offer creditor protection and the effect of funding your trust with them.”

Attorney Naugle in Jacksonville Daily Record

JSmith — Tue, 24 Jan 2012 19:57:09 +0000

Attorney Katherine Naugle was pictured in the Jacksonville Financial News & Daily Record. Mrs. Naugle hosted the Jacksonville Women’s Lawyers monthly lunch, which featured Florida Supreme Court Justice Peggy Quince as keynote speaker. To read the article click here. Katherine Naugle is a member of the Board and President elect of the JWLA.

Vote for Family Promise of Jacksovnille

JSmith — Wed, 18 Jan 2012 18:22:04 +0000

Naulge & Smith, encourages everyone to vote for Family Promise of Jacksonville in the Give to Givers contest for local non-profits. The Give to the Givers contest winner will receive $10,000 in media services! The contest is being sponsored by Buzz Magazine, Client Focused Media, First News, First Coast Living and Safeguard Printing. Vote Here in support of Family Promise of Jacksonville.

How are Creditors Satisfied After Your Death When Your Assets are Titled in the Name of the Revocable Trust

KNaugle — Tue, 17 Jan 2012 20:02:52 +0000

The Florida Bar states “Florida’s trust law does not have a specific procedure for identifying and paying creditors at death. The creditors have up to 2 years from the decedent’s death to file claims against the estate. The trustee may be reluctant to distribute the trust assets to the beneficiaries until he or she is satisfied that all claims have been paid, and 2 years is a long time to wait. For this reason, some clients choose to open a probate estate in addition to the trust administration to take advantage of the probate claim process. The probate law limits the time for creditors to file claims against the estate (generally 3 months from the date of notice), and also provides a process for objecting to claims”.

Jonathan Smith Featured in The Daily Record

admin — Mon, 09 Jan 2012 18:37:36 +0000

Jonathan Smith was featured in the Jacksonville Daily record for his work with the Downtown Council Chamber of Commerce.