Mortgage Foreclosures & Loan Workouts

Home   >  Library   >  Research Guides   >  Mortgage Foreclosures & Loan Workouts

Introduction

This research guide, which focuses mainly on Florida law, is designed to assist attorneys and homeowners who have questions about mortgage foreclosures and loan workouts. It primarily identifies resources available in the Law Library (in print or in subscription databases) and on the Internet. For additional materials, search the following Library of Congress subject headings on Baron, the Online Catalog: Foreclosure, Mortgage Loans, and Mortgages.

Encyclopedias

Encyclopedias tend to be the most general source of information with generous annotations to primary sources, such as cases and statutes. For an overview of Florida law, see:

Florida Jurisprudence 2d (Fla.Jur.2d), "Mortgages and Deeds of Trust," secs. 245 - 407 (Florida Collection, States Collection & Reference; Lexis & Westlaw).

For general information about other states, consult general encyclopedias, such as American Jurisprudence 2d (Am.Jur.2d) (Core A Collection; Lexis & Westlaw) or Corpus Juris Secundum (CJS) (Core A Collection; Westlaw).

Treatises, Looseleaf Services, & Practice Guides

These materials generally provide a more in-depth discussion about the topic and are best used by those who have a basic understanding of the topic. Like encyclopedias, these materials can be specific to a jurisdiction or provide a general overview. The Florida and general treatises, loose-leaf services, and practice guides in the Law Library are:

Florida

Florida Creditors' Rights Manual, by Stephen B. Rakusin (Florida Collection KFF220.A6 R3) - This 5-volume looseleaf set focuses on pleading and procedural requirements of debt collection remedies, including foreclosures and judicial sales. It also includes pleading and practice forms, a subject index, and tables of cases and statutes. (Updated 3 times per year)

Florida Foreclosure: What Lawyers Need to Know Now, ed. by Jodine Mayberry and Donna Higgins, 2009 (Florida Collection KFF130.5 F6 F66) - This treatise includes commentary, case law, relevant Florida statutes, and forms. It is written for attorneys who represent homeowners as well as lenders.

Florida Mortgage Foreclosure Practice Guide, by Charles M. Holcomb (Florida Collection KFF130.5 F6 H6) - This looseleaf publication is a practice manual on judicial mortgage foreclosures in Florida. It describes the judicial process, the parties' rights and remedies, and the sale process. It also includes forms and the text of relevant statutes. (Updated annually)

Florida Mortgages, by Thomas E. Baynes (Florida Collection KFF130.B38 1999; Westlaw).
This treatise - in a fairly straight-forward style - identifies the legal issues associated with mortgage law and mortgage foreclosure in Florida. It includes a table of statutes, some forms, and many footnotes to cases.

Florida Real Estate Transactions, Ralph E. Boyer (Florida Collection KFF112.B6; Lexis).
This 6-volume looseleaf set covers real estate issues and includes a section on foreclosures and judicial sales. The set includes some foreclosure forms, as well as a subject index and tables of cases and statutes. (Updated twice per year)

Foreclosures in Florida (2nd ed.), Kendall Coffey (Florida Collection & Reserve CD-ROM KFF130.5.F6 C64 2008) - This treatise examines foreclosure procedures from the inception of default to the impact of foreclosure appeals, and it offers legal strategies for lenders and borrowers. The treatise also contains forms and references to Florida case law and statutes.

Mortgage Foreclosure and Alternatives (6th ed.), by Jacalyn N. Kolk, et al. (Florida Bar's FasTrain Series), 2010 (Florida Collection & Reserve CD-ROM KFF130.5.F6 M67 2010; Lexis) - This publication addresses issues that arise when enforcing defaulted mortgage loans, describes mortgage foreclosure procedures, and identifies alternatives to foreclosure. It also discusses the effect of the mortgagor's bankruptcy on the foreclosure and outlines steps to handle this situation. A 77- page chapter of forms for foreclosing mortgages or obtaining alternative relief on defaulted loans is included.

Mortgage Law Seminar 2006 (Florida Collection KFF130.A75 M678) - This book publishes the materials from a seminar sponsored by the Florida Bar CLE Committee and the Real Property, Probate and Trust Law Section. Topics include foreclosure proceeds, reverse mortgages, and title insurance.

Trawick's Florida Practice and Procedure, by Henry P. Trawick, 2011 (Florida Collection & Reserve KFF530.T73; Westlaw) - This manual summarizes Florida's procedural rules, describes application of these rules in specific circumstances, and provides references to statutes, rules, and cases. Section 31:7 focuses on Mortgage and Lien Foreclosures.

General

Anatomy of a Mortgage: Understanding and Negotiating Commercial Real Estate Loans, by R. Wilson Freyermuth, et al., 2001 (Treatise KF695.A85 2001) - Published by the American Bar Association's Section of Real Property, Probate and Trust Law, Committee on Workouts, Foreclosures, and Bankruptcies Committee, this book dissects a standard form mortgage and provides a basic explanation of the terms and provisions.

Consumer Protection and Mortgage Regulation under Dodd-Frank, by Mitchel Kider, et al., 2011 (Treatise KF969.58201.K5 2011) - This publication focuses on the Dodd-Frank Wall Street Reform and Consumer Protection Act and examines its impact on consumer protection measures, including the Act's new mandated disclosures and requirements in the mortgage lending process.

Foreclosure Defense: A Practical Litigation Guide, by Rebecca A. Taylor, 2011 (Treatise & Reserve CD-ROM KF697.F6 T39 2011) - Published by the American Bar Association, this book discusses the basics of loans, federal and state laws, loan modifications, unscrupulous bank practices, and trial processes. It has a CD-ROM of sample forms, etc.

Foreclosures: Defenses, Workouts, and Mortgage Servicing (3rd ed.), by John Rao, et al., 2010 (Treatise KF697.F6 R36 2010). - This publication by the National Consumer Law Center details legal rights, tactics, and informal approaches to saving homes, including negotiating pre-foreclosure workout agreements. Appendices include summaries of state laws (including Florida) and forms.

Guide to Troubled Commercial Real Estate Loans for Lenders and Borrowers, by Joshua Stein, 2010 (Treatise KF1035.S72 2010; Lexis). - This guide provides a "roadmap" for the lender wanting to take action on a troubled loan, but it also gives insight to the borrower.

The Law of Distressed Real Estate: Foreclosure, Workouts, Procedures, by Baxter Dunaway (Treatise KF1524.D85 1985; Westlaw) - This 6-volume looseleaf set discusses the general principles of workouts and foreclosures, with separate chapters covering foreclosure procedures for many individual states (see Chapter 67 for Florida). It also provides jurisdictional summaries and tables of cases and statutes. Some forms are included.

Padrick's RESPA, TILA, HOEPA and ECOA in Real Estate Transactions with Forms (5th ed.), ed. by Carol V. Clark, 2004-current update (Treatise KF681.P33 2004). - This treatise is a discussion of the Real Estate Settlement Procedures Act (RESPA), the Truth in Lending Act (TILA), and the Equal Credit Opportunity Act (ECOA). It includes the text of federal regulations, tables of laws, rules, and cases, and a subject index.

Practical Guide to Mortgages and Liens, by David A. Schmudde, 2004 (Treatise KF695.S36 2004). - This book describes different types of mortgages and the legal implications associated with those mortgages, the types of liens that can result - such as federal tax liens and mechanic's liens - and mortgage foreclosures. It includes forms, a state-by-state review of mortgage law, and tables of cases, statutes, and rules.

Problem Loan Workouts, by Gerald L. Blanchard, et al. (Treatise KF1501.B58 2003; Westlaw) - Although this 2-volume looseleaf focuses on workout plans for loans secured by personal property, Chapter 18 and the Supplement section at the end of Vol. 2 discuss the federal tax implications of mortgage financing on workouts, foreclosures, and bankruptcies.

Real Estate Finance Law (5th ed.), by Grant S. Nelson and Dale A. Whitman, 2007, (Reserve Collection KF695.N452 2007; Westlaw). - This 2-volume treatise incorporates the newer areas of economics and the law of real estate finance. It focuses on the 2002 Uniform Nonjudicial Foreclosure Act and the 2005 Uniform Assignment of Rents Act, as well as the Bankruptcy Abuse and Consumer Protection Act of 2005, and the Restatement of the Law Third: Property - Mortgages. It has an extensive table of cases and a subject index.

Restatement of the Law, Third: Property - Mortgages, by the American Law Institute (Treatise KF695.R49 1997; Lexis & Westlaw) - This restatement covers the issues of politics, economics, history, and legal technicalities of mortgages. It has tables of cases and statutes, cross references to the West Digest topics and key numbers and ALR annotations, and a subject index all in one volume.

Structuring Commercial Real Estate Workouts: Alternatives to Bankruptcy and Foreclosure (2nd ed.), by W. Wade Berryhill, et al. (Treatise KF1535.R43 S77 2000) - This looseleaf manual identifies factors for comparing workouts, bankruptcy, and foreclosure options for commercial real estate, with detailed coverage of environmental liabilities.

Forms

Many of the materials identified above contain foreclosure and loan workout forms. Additional sources for Florida forms are:

Florida Jur Forms: Legal and Business (Reference & Florida Collection; Westlaw) - Look in the current index for Mortgages and Deeds of Trust. Most, but not all, forms are in Chapter 4: Security Arrangements. Updated annually.

Florida Pleading and Practice Forms: Practice-Oriented Forms for Florida Judicial Proceedings (Reference KFF535.A65 F57 1990; Westlaw) - Generally see Chapter 10: Mortgages and Mortgage Foreclosures. Updated annually.

Trawick's Florida Practice and Procedure: Forms, 2011 (Florida Collection & Reserve KFF530.T731; Westlaw) - This manual provides examples of pleading and practice forms. As a starting point, see the heading Foreclosures in the index.

Some court websites also provide suggested or mandatory forms, and links to some of these forms are below under the heading Court-Specific Administrative Orders & Foreclosure Websites in Florida.

Florida Statutes

West's Florida Statutes Annotated (Florida Collection, Reference, & States Collection; Westlaw) and LexisNexis Florida Annotated Statutes (Florida Collection KFF29.F55; Lexis) provide statutes as well as case annotations and references to secondary sources. Although other Florida statutes may be applicable (consult the index), see:

For other states' statutes, go to the States Collection, which is alphabetical by state.

  • Chapter 697, Instruments Deemed Mortgages and the Nature of a Mortgage;
  • Chapter 702, Foreclosure of Mortgages and Statutory Liens;
  • Chapter 45, Civil Procedure: General Provisions; and
  • Chapter 501, Consumer Protection

Court-Specific Administrative Orders & Foreclosure Websites in Florida

Because of the volume of foreclosure cases, Florida courts are issuing administrative orders that provide additional guidelines and requirements for filing and handling foreclosure cases. Many court websites also provide additional guidance and forms via their websites. Selected links to administrative orders and other foreclosure information are below; for the most recent information, contact the Court clerk in the appropriate jurisdiction for updates or consult the Court's website.

Florida Supreme Court

Circuit Courts of Florida

1st Circuit (Escambia, Santa Rosa, Okaloosa, & Walton Counties)

Escambia County

Santa Rosa County

Okaloosa County

Walton County

2nd Circuit (Franklin, Gadsden, Jefferson, Leon, Liberty, & Wakulla Counties)

3rd Circuit (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, & Taylor Counties)

4th Circuit (Duval, Clay, & Nassau Counties)

Duval County

Clay County

Nassau County

5th Circuit (Citrus, Hernando, Lake, Marion, & Sumter Counties)

Citrus County

Hernando County

Lake County

Marion County

6th Circuit (Pasco & Pinellas Counties)

Pinellas County

  • Online Foreclosure Sales; Order Directing Clerk to Change Foreclosure Sale Locations for Sales Set after October 3, 2010 (Admin. Order No. 2010-052)

7th Circuit (Flagler, Putnam, St. Johns, & Volusia Counties)

8th Circuit (Alachua, Baker, Bradford, Gilchrist, Levy, & Union Counties)

9th Circuit (Orange & Osceola Counties)

10th Circuit (Hardee, Highlands, & Polk Counties)

Polk County

11th Circuit (Miami-Dade County)

12th Circuit (Desoto, Sarasota, & Manatee Counties)

Sarasota & Manatee Counties

13th Circuit (Hillsborough County)

14th Circuit (Bay County)

15th Circuit (Palm Beach County)

17th Circuit (Broward County)

18th Circuit (Brevard & Seminole Counties)

Brevard

Seminole

19th Circuit (Martin, St. Lucie, Indian River, & Okeechobee Counties)

Florida Attorney General

U.S. Department of Housing and Urban Development

QUOTE

"Perhaps the two most valuable and satisfactory products of American civilization are the librarian on the one hand and the cocktail in the other."

- Louis Stanley Jast, Librarian


Upcoming Training

Administrative Law on Nov. 4th
12:30-1:30 in D236
Sign-up

Accessing Databases from Off-Campus or Using Wireless

Video Instructions or Written Instructions


LIBRARY PHONE NUMBERS

Reference: 305-284-3585
Circulation: 305-284-3563