Wednesday, July 9, 2014

Dyck O'Neal Lawsuits in Massachusetts

We have been dealing with a rash of lawsuits coming out of Florida from an entity called Dyck O'Neal.  These are Florida mortgage foreclosure deficiencies have been purchased by Dyck O'Neal. Former homeowners who left homes in Florida and moved to Massachusetts (or in some cases had second homes foreclosed) are now being served here in Massachusetts for lawsuits in Florida.

You have a few options when served with such a lawsuit.

1. Find and pay a lawyer in Florida to fight the judgment in court there;

2. File bankruptcy in Massachusetts if you qualify to discharge the debt.  You can contact us for that by calling 617-338-9400 during business hours or emailing info@mass-legal.com.

3. Negotiate with Dyck O'Neal, either yourself or through a Florida or Massachusetts lawyer.  You can also contact us to retain us to help with this option.

We are not Florida lawyers, but we can help with Massachusetts matters related to Dyck O'Neal.

4 comments:

Edwin Bell said...

Consumers should be aware that most non judicial foreclosures during the past 5-6 years have resulted in what is known as a Credit Bid for the purchase money balance owed. Most foreclosure sales or auctions were attended by the Lender only. Therefore it is almost impossible to have a deficiency after the sale and ratification.

Nicholas Ortiz said...

We are not Florida lawyers, and cannot speak as to whether Florida courts should be entering judgments on the complaints filed by Dyck O'Neal. We are just dealing with them debtors who have these Florida judgments who now live in Massachusetts. However, the lenders do not appear to be credit bidding. This is a excerpt from a complaint filed by Dyck in Florida:

3.That Defendant(s) failed to pay the installment payment due on the promissory note and a foreclosure action was filed on the above described property.

4. The Court entered a Final Judgment of Foreclosure on real property and ordered the real property be sold at foreclosure sale, a copy of which being attached as Exhibit"B", and incorporated herein by reference.

5. The amount due under the Final Judgment of Foreclosure is 148,322.96.

6. The foreclosure sale was held. The property was purchased at the foreclosure sale for $100.00 ·

7. At the time of the foreclosure sale, the property has a value of $83,000.00 as indicated by an appraisal, a copy of which is attached as Plaintiff's, DYCK-O'NEAL, INC., Exhibit "C", and incorporated herein by reference.

8. Subsequent to the foreclosure sale, the Judgment and Note were assigned to Plaintiff, DYCK-O'NEAL, INC., a copy of which being attached as Exhibit "D", and incorporated herein by reference.

9. Based upon the amount due on the promissory note, as of the time of the foreclosure sale
and the value of the property, Plaintiffs, DYCK-O'NEAL, INC., deficiency is the sum of $65,322.96 plus interest, costs and attorneys fees.

Keith Thorne said...

see Florida 1DCA Ruling in Reid v Compass, May 4, 2015. This will probably solve most people's problems.

Nicholas Ortiz said...

Thanks, Keith, for posting this recent case. Here is the link: http://caselaw.findlaw.com/fl-district-court-of-appeal/1699784.html