States’ Rights – Florida v. Georgia

If you missed the game on Saturday, so did Georgia.  What Florida lacks in kudzu they made up for in score. The Florida-Georgia rivalry has historic roots, dating back to the colonial days.  When Florida was a Spanish colony, it used to scrimmage with its British neighbor to the north.  When Florida was a British colony, it dealt with raids from Georgia during the American Revolution.  Though these two neighboring states are now part of the same country, they still have their differences, and it goes beyond football. Georgia has non-judicial foreclosure, which means the lender can give notice, publish, and foreclose within 60 days with only the clerk and an attorney, no judge present. In Georgia, if you use a loan to buy a house, the bank owns that house until you pay off the loan; whereas, in Florida, you are the homeowner even if you borrowed money to buy the house, and even if you are unable to make the payments and the house goes into foreclosure…you still own it.  You own your home up until the Certificate of Title is issued (usually about ten days after the foreclosure sale).  For the homeowner who does not really care, […] Read More

Home Advantage of Florida

Florida and Georgia do have their differences…more than football.  Florida is a judicial foreclosure state; Georgia is not.  The home advantage is with the primary resident (and not the lender) in Florida in cases of foreclosure. In Florida, a homeowner owns their home even while they are paying off what they borrowed to buy the home.  If they miss a mortgage payment, they still own the home.  If they miss two mortgage payments, they still own the home.  If they have a foreclosure complaint filed against them, they still own their home.  A Florida homeowner owns his or her home all the way through the foreclosure process up until the Certificate of Title is issued (which typically happens about ten days after the foreclosure sale). Georgia is a non-judicial foreclosure state.  Homebuyers there do not own their homes until they have paid off their home loan.  Thus the bank can move quickly to foreclose on property it owns and without judicial oversight. The Florida foreclosure process gives homeowners greater opportunity to review their legal choices so they can pursue a strategy to their best benefit.  Seek competent legal counsel to help you review your personal situation and set your goals. Read More