Void foreclosure judgments in Florida

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. Many plaintiffs in Florida foreclosure actions have a history of violating Florida law and the due process protections guaranteed under the 14th Amendment to the Constitution of the United States to obtain void foreclosure judgments against deceased defendants who were record title owners of the real property in foreclosure at the time of their death.

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 foreclosure defendants. If you are a possible heir to an estate of a relative or benefactor who died and then lost their real property to a foreclosure judgment, you may be able to recover significant damages from the foreclosure plaintiff for violations of Florida and federal law.

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 deceased foreclosure defendant. 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 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.

Issues related to void foreclosure judgments in Florida

The Florida Constitution's HOMESTEAD EXEMPTION generally EXEMPTS homestead property from any forced sale under claims brought by unsecured creditors.
A Florida homestead that is otherwise PROTECTED from unsecured creditors under the Florida Constitution can also be UNPROTECTED HOMESTEAD property with respect to a mortgage properly recorded in the official records of the county in which the property is located, which constitutes a secured lien against that homestead property.
If a mortgage document related to a homestead property has been properly recorded in the official records of the county in which the homestead property is located, thereby creating an enforceable security interest in that real 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 that 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 a homestead property is PROTECTED from unsecured creditors under the Florida Constitution's exemptions from creditors' claims, a personal representative of a deceased record title owner of the homestead property IS NOT REQUIRED to take possession or control of that property under applicable Florida probate statutes because it is not considered to be an asset of the estate of the deceased person, and it is typically not necessary for a personal representative to take possession or control of the property because it is protected by the Florida Contstitution's homestead exemption from any forced sale associated with such unsecured creditors' claims.
If a homestead property is NOT PROTECTED from specific secured creditors under the Florida Constitution's exemptions from creditors' claims (for example, a homestead property that is security for debt associated with a mortgage properly recorded in the official records of the county in which the property is located), a personal representative of a deceased record title owner of the homestead property IS REQUIRED under Florida probate statutes to take possession or control of that property as an asset of the estate for the purpose of managing and preserving the property for the benefit of estate heirs and beneficiaries. Property that is not protected by the Florida Constitution's homestead exemption requires a personal representative to protect that property.
If the Florida Constitution does not protect property identified in the Constitutional homestead exemption provisions, Florida probate statutes require a personal representative to take possession or control of that property.
If a personal representative is required under Florida probate statutes to take possession or control of real property that is an asset of an estate because that property is not protected under the Florida Constitution's exemptions from forced sale by creditors, that personal representative is an indispensable party to any court action involving the disposition of such estate assets.
A foreclosure action regarding a homestead property encumbered by a properly recorded mortgage lien necessarily involves property that is NOT PROTECTED from that mortgagee creditor under the Florida Constitution's homestead exemption. If a defendant in the foreclosure action was a record title owner of the homestead property at the time of that defendant's death, the appointment of a personal representative is required under Florida probate statutes, and that personal representative is an indispensable party to that foreclosure action which necessarily involves the disposition of an asset of the estate of the deceased foreclosure defendant.
If a record title owner of a homestead property dies prior to the commencement of a foreclosure action involving that homestead property, and that homestead property is not protected under the Florida Constitution because a related mortgage was properly recorded in the official county records, a foreclosure plaintiff cannot bring the foreclosure action against that deceased person as a party defendant. The foreclosure action must be brought against the personal representative of the estate of the deceased homestead property owner.
If a record title owner of a homestead property dies subsequent to the commencement of a foreclosure action involving that homestead property and prior to entry of final judgment in the foreclosure action, and that homestead property is not protected under the Florida Constitution because a related mortgage was properly recorded in the official county records, the Florida Rules of Civil Procedure require that the foreclosure plaintiff timely substitute a personal representative of the deceased defendant as a proper party defendant to represent the estate of that deceased person within the foreclosure action before any final judgment is rendered by the trial court.