Void foreclosure judgments may be vacated at any time
As with all void judgments, void foreclosure judgments are unenforceable under Florida law, and can potentially be vacated at any time.
Florida foreclosure plaintiffs have a history of violating Florida and federal law to obtain void foreclosure judgments against deceased defendants
For many years, some Florida foreclosure plaintiffs have obtained foreclosure judgments against deceased homestead property owners in violation of Florida law and the due process protections guaranteed under the 14th Amendment to the Constitution of the United States.
Find out if a foreclosure judgment entered in the past may be void
The large number of foreclosures during the Great Recession resulted in many foreclosure plaintiffs obtaining void foreclosure judgments in cases involving deceased homestead foreclosure defendants. You may be able to recover significant damages from a foreclosure plaintiff for violations of Florida and federal law if you are (or were) an heir (or a possible heir) to an estate of a relative or benefactor who died and then lost their homestead property to a foreclosure judgment.
Contact sajLAW today
SAJ is experienced regarding the necessary court documents, oral arguments, processes, and procedures that must be followed to successfully vacate a void court order or judgment. Contact sajLAW today to find out if we may be able to vacate a void foreclosure judgment entered against your deceased relative or benefactor, and then seek compensation on behalf of the estate of that person. Such compensation could then be distributed to the heirs or beneficiaries of the estate. If sajLAW accepts your case, our contingency fees will only be paid from any amount recovered on behalf of the estate of your deceased relative or benefactor. If there is no recovery, there will be no legal fees. sajLAW will not seek to recover any legal fees directly from an heir or beneficiary of an estate of a deceased homestead foreclosure defendant.
Visit our Desbrunes v. US Bank NA page for current information regarding sajLAW's void foreclosure judgment case currently pending before the Florida Fourth District Court of Appeal.
Frequently Questioned Answers regarding void foreclosure judgments in Florida
- The Florida Constitution's HOMESTEAD EXEMPTION generally EXEMPTS homestead property from claims brought by unsecured creditors.
- A Florida homestead that is PROTECTED from unsecured creditors under the Florida Constitution can also be UNPROTECTED HOMESTEAD property with respect to a properly recorded mortgage than constitutes a secured lien against that homestead property.
- If a mortgage document has been properly recorded in the official records of the county in which the property is located, thereby creating an enforceable security interest in the property, that homestead property is NOT PROTECTED under the Florida Constitution's homestead exemption (i.e., the homestead property is NOT EXEMPTED from a foreclosure action brought by the secured creditor) .
- A properly recorded morgage related to a mortgage loan associated with a homestead property constitutes an EXCEPTION to the Florida Constitution's homestead EXEMPTION.
- If property is PROTECTED from creditors under the FLORIDA CONSTITUTION, a personal representative is not required to take possession or control of such property under applicable Florida probate statutes because it is not considered to be an asset of the estate of the deceased person, and a personal representative is not required to protect the property because it is protected by the Florida Contstitution.
- If property is NOT PROTECTED from creditors under the FLORIDA CONSTITUTION (for example, if a homestead property is security for debt associated with a recorded mortgage), a personal representative is REQUIRED to take possession or control of that property as an asset of the estate to manage and preserve it for the benefit of estate heirs and beneficiaries. Property that is not protected by the Florida Constitution requires a personal representative to protect that property.
- If the Florida Constitution does not protect certain property, a personal representative is required to protect that property under Florida probate statutes.
- If a personal representative is required to take possession or control of property that is an asset of the estate because that property is not protected under the Florida Constitution, that personal representative is an indispensable party to any court action involving the disposition of estate assets.
- A foreclosure action regarding a homestead property encumbered by a recorded mortgage lien necessarily involves property that is not protected under the Florida Constitution's homestead exemption, which requires the appointment of a personal representative who is an indispensable party to that foreclosure action.
- If a homestead property owner dies prior to the commencement of a foreclosure action involving that homestead property, and that homestead property is not protected under the Florida Constitution by virtue of a properly recorded mortgage in the official county records, the foreclosure action cannot be brought against that deceased person. The foreclosure action must be brought against the personal representative of the estate of the deceased homestead property owner.
- If a homestead property owner dies after a foreclosure action involving that homestead property is commenced, and that homestead property is not protected under the Florida Constitution because a related mortgage was properly recorded in the official county records, the foreclosure plaintiff must substitute a personal representative to represent the estate of that deceased person in the foreclosure action.