In recent years in Florida, many debtors agreed to surrender the property as part of a bankruptcy so they could eliminate their mortgage debt, only to turn around and then fight the foreclosure in court to delay the process. Under the new law, a mortgage lender may use documents that you file as part of your. Practice Area.
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Read on how a new Florida statute allows filings by borrowers who declare. When the borrower files their bankruptcy petition and declares the mortgage loan debt as. and request that the court find as a matter of law that the borrower. court and the district court that 'surrender' requires debtors to drop.
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In Failla, the debtors owned a home in Boca Raton, Florida, which was. Because the home was fully encumbered by the mortgage and thus had no. contest the lender's foreclosure action required the Court to address the. Citing Black's Law Dictionary, the Eleventh Circuit held that surrender means.
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Diane Henderson is taking a year off from teaching to record oral histories of older residents, with an emphasis on the fishing industry. Henderson.
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