Deficiency Judgment Lawyer
Larry Tolchinsky knows how to help.
Our goal is to prove to the Judge that Dyck O'Neal or Clearsping/Vantium, or any other debt collector, often does little or nothing to verify that the amount of the debt is correct and the law does not allow them to file a separate lawsuit. Meaning, debt collectors don't have jurisdiction to pursue the matter and they do not do enough to determine if Private Mortgage Insurance (PMI) paid all or part of the debt or if the debt was paid or satisfied by other means, including through state and federal debt forgiveness programs. In fact, we believe, based upon a review of documents provided by existing clients and through discovery, that these debt collectors do not conduct an adequate investigation to determine that the amount of the debt being collected is correct. Therefore, Judges should not exercise their discretion of granting a deficiency judgment.
How Do We Help Defend Your Deficiency Lawsuit?
The discovery that fraudulent documents were being filed in foreclosure cases has provided former homeowners an opportunity to defend themselves against lender’s attempt to pursue a deficiency judgment against them. Now, it may be possible to re-litigate issues in the underlying foreclosure cases, including the use of incorrect or fraudulent affidavits. By doing so, a lender may, among other things, lose their right to pursue a deficiency judgment against a former homeowner because the amount stated in the affidavit as being due and owning is incorrect (and/or the bank didn't do enough to properly investigate if the amount due is correct).
Why Sackrin & Tolchinsky?
What sets us apart from other real estate lawyers defending deficiency cases is our level of experience and knowledge. We examine the foreclosure documents and the deficiency lawsuit to determine whether the party seeking the deficiency has the right to obtain a deficiency judgment (meaning, does the court have jurisdiction to hear the collection lawsuit). Each investigation requires an understanding of timely filing and recording requirements and the debt verification process to determine if the lender can be prevented from obtaining a deficiency judgment and/or determine if there is a basis to ask the court to not exercise it's discretion in awarding a deficieny judgment. We also know the formalities that a lender must follow to reserve jurisdiction to obtain a deficiency judgment and the potential waiver of those rights if the foreclosure was uncontested.
Blog Posts Related to Deficiency Judgments (by Larry Tolchinsky):
Larry In The Press Regarding Deficiency Judgments:
Get A Free Case Evaluation From An Experienced Real Estate Lawyer - Call 954-458-8655
Larry Tolchinsky and Alan Sackrin represent individuals facing foreclosure and deficiency judgments throughout Broward County and all around Florida. Many foreclosure issues involve complexities that an experienced real estate lawyer is best equipped to handle. Larry is an experienced real estate attorney, who is here to answer your questions and evaluate your circumstances. When you work with him, you can be assured that your matter will be handled with expertise and professionalism giving you peace of mind.
Contact Larry for more information about deficiency judgments, especially those homeowners who have already lost their home to foreclosure. You can contact him by phone at 954-458-8655 or by e-mail through this web site to schedule an appointment and learn more about deficiency judgments. He offers a free initial consultation.
To learn more about Larry Tolchinsky, click on this link: Real Estate Attorney
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