Brief analysis of the Higgins case (Florida) – keeping foreclosure cases at their word!

As a bankruptcy attorney in Mount Vernon, IL for over 20 years, I read through and analyze court rulings throughout the country as eventually, it will affect bankruptcy attorneys here in Mount Vernon and all of southern Illinois.

 

 

Here we have Higgins v. Dyck-O’Neal, Inc., — So. 3d —-, 2016 WL 3191146 (Fla. 1st DCA 2016). It is a long and involved case, and I split the decision into two blogs – Part One and Part Two.

 

A trial court’s reservation of jurisdiction to consider the entry of a deficiency decree requires the plaintiff seek a deficiency in that action, and further prohibits the plaintiff from filing a separate suit at law seeking a deficiency.

 

At first glance it appears that the court is splitting hairs. A mortgage company cannot bring a separate action to collect a deficiency judgment.  Fine, they will do that. Isn’t the Mortgagee simply delaying the inevitable?

 

But it is a good case explaining the powers of the court. The congress (state or federal) make the laws and the courts interpret those laws. If the law says you must go from A to B to C, you cannot go from A to C. “It has the same result…” True, but it emphasizes that we are a nation bound by the Rule of Law. And we the people (or the courts or the corporations) must abide by that Rule of Law. It is the glue that binds us as a nation of individuals.

 

 

About the blogger:

Michael Curry of Curry Law Office in Mount Vernon, Illinois (http://michaelcurrylawoffice.com/) has helped thousands of individuals, family and small businesses in southern Illinois find protection under the Bankruptcy Code for almost twenty-five years. He is also available to help individuals and families with their estate planning (wills, power-of-attorney) and real estate and other sales transactions.

He is also the author of books on finance and bankruptcy available on Kindle through Amazon!

Whether you live in Mount Vernon, Salem, Waltonville, Woodlawn, Lawrenceville, Centralia, Louisville, Xenia, Grayville, Effingham, Dieterich, Vandalia, McLeansboro, Dahlgren, Albion, Flora, Clay City, Kinmundy, Chester, Sparta, Olney, Mount Carmel, Nashville, Fairfield, Cisne, Wayne City, Carmi, Grayville, or anywhere in Southern Illinois call Curry Law Office today at (618) 246-0993 and Finally Be Financially Free!

You can also find his website at http://www.mtvernonbankruptcylawyer.com.

 

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