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Ask Alex Esquire Your Own Question
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16387
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I have a judgment from a foreclosure in 2012 that has

Customer Question

I have a judgment from a foreclosure in 2012 that has re-surfaced. I thought the HB 87 prevented this but apparently may not apply in my case. I'd like to get a second opinion
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: Florida,
JA: Has any paperwork been filed?
Customer: 2 subpoenas (due 11/22/16) to other banks from other properties I own that were not foreclosed. A writ of execution was filed on 10/31/16 and a motion to commune proceeding to impede was filed on 11/7/16. Original final judgment on the property that foreclosed was in 2012
JA: Anything else you want the lawyer to know before I connect you?
Customer: Mainly want to know first off if the HB 87 applies to my Judgment in 2012
Submitted: 11 days ago.
Category: Real Estate Law
Customer: replied 11 days ago.
The official 2012 judgment with the Plaintiff Hancock bank is titled "Final Judgment in favor of Hancock Bank AND Final Judgment of Foreclosure
Expert:  Alex Esquire replied 11 days ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Unfortunately, HB 87 only applies to foreclosures where certificate of title due to foreclosure was issued after July 1, 2013 and any foreclosure prior to that date would be subject to the standard 5 year statute of limitations in Florida, you can read further details related to HB 87 at the link below:

http://www.floridabankinglawblog.com/2013/07/11/hb-87-a-summary-of-floridas-new-foreclosure-law-part-1/

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

Customer: replied 11 days ago.
Are you telling me that from your opinion, this statement is off: "Although actions brought before that date are still subject to the old statute, there is an upside for homeowners facing potential deficiency judgments. Any action put into motion before July 1, 2013 only remains valid until July 1, 2014. For example, if the five-year time period will expire after July 1, 2014 under the old law, the new law shortens the lender’s right to pursue a deficiency judgment to July 1, 2014.
Customer: replied 11 days ago.
or does it not apply to my type of judgment
Expert:  Alex Esquire replied 11 days ago.

Thank you for your follow up.

I cannot comment on your specific case, but generally any deficiency judgments that were obtained on foreclosure action, where the foreclosed property was titled back to the bank or a third party bidder at the foreclosure auction before July 1, 2013 would be subject to 5 year statute of limitations.

I wish you the best of luck!

Expert:  Alex Esquire replied 11 days ago.