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    <title type="text">Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</title>
    <subtitle type="text">Goldman, Monaghan, Thakkar &#38; Bettin, P.A.</subtitle>

    <updated>2026-06-02T14:45:54Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Could your social media posts affect your divorce?]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2026/06/could-your-social-media-posts-affect-your-divorce/" />
            <id>https://www.gmtblaw.com/?p=259205</id>
            <updated>2026-06-02T14:45:54Z</updated>
            <published>2026-06-02T14:45:54Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[That vacation photo you posted might seem like a simple update to friends and family. However, during divorce proceedings in Brevard County, your online activity could potentially become relevant to your case in unexpected ways. Your digital footprint may become part of your case The things you share on social media could play a role in divorce proceedings. They might…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2026/06/could-your-social-media-posts-affect-your-divorce/"><![CDATA[That vacation photo you posted might seem like a simple update to friends and family. However, during divorce proceedings in Brevard County, your online activity could potentially become relevant to your case in unexpected ways.
<h2>Your digital footprint may become part of your case</h2>
The things you share on social media could <a href="https://natlawreview.com/article/family-law-social-media-evidence-divorce-cases" target="_blank" rel="noopener noreferrer" data-wpel-link="external">play a role in divorce proceedings</a>. They might reveal details about spending habits, new relationships or daily activities that could relate to matters about your case.

Social media posts that show expensive purchases might contradict claims of financial difficulty. Photos of late-night outings could raise questions about childcare arrangements. Even casual posts about your latest vacation might become talking points during discussions.
<h2>Consider these protective measures during your divorce</h2>
You may want to exercise extreme caution about what you post online throughout your divorce. It might be beneficial to assume that anything you write or share could potentially reach your spouse and the court.

You could adjust your privacy settings on all social media platforms, though determined individuals often find ways to access information. It may be wise to think carefully before posting photos, checking in at locations or sharing personal details. It might make sense to avoid <a href="https://www.gmtblaw.com/family-law/divorce/" target="_blank" rel="noopener" data-wpel-link="internal">discussing your legal situation</a> or your spouse on any digital platform.

Social media might also take an emotional toll during a divorce. Consider limiting the time you spend scrolling through posts or checking your spouse's online activity. Constant exposure to updates, opinions or photos could make it harder to focus on your own well-being and the practical steps involved in moving forward.
<h2>Your online behavior matters now more than ever</h2>
Your digital conduct during this time could potentially influence how others perceive your situation. What you post today might affect discussions about finances, parenting time or other important matters. When in doubt, staying silent and private online might be safer than creating content that could complicate your divorce.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[The Fentanyl Factor: How Trace Amounts Can Lead to Trafficking Charges in Brevard County.]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2026/03/the-fentanyl-factor-how-trace-amounts-can-lead-to-trafficking-charges-in-brevard-county/" />
            <id>https://www.gmtblaw.com/?p=259184</id>
            <updated>2026-03-27T11:26:52Z</updated>
            <published>2026-03-27T11:26:52Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You buy what looks like a prescription pill from someone you trust, but it contains fentanyl. That single pill can result in a 7-year prison sentence under Florida trafficking laws. Prosecutors do not need to prove you intended to sell anything or knew fentanyl was inside. The substance’s weight determines your fate, and judges have no power to lower the…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2026/03/the-fentanyl-factor-how-trace-amounts-can-lead-to-trafficking-charges-in-brevard-county/"><![CDATA[<span style="font-weight: 400;">You buy what looks like a prescription pill from someone you trust</span><span style="font-weight: 400;">,</span><span style="font-weight: 400;"> but it contains fentanyl. That single pill can result in a 7-year prison sentence under Fl</span><span style="font-weight: 400;">or</span><span style="font-weight: 400;">ida trafficking laws. Prosecutors do not need to prove you intended to sell anything or knew fentanyl was inside. The substance's weight determines your fate</span><span style="font-weight: 400;">,</span><span style="font-weight: 400;"> and judges have no power to lower the mandatory sentence.</span>
<h2><span style="font-weight: 400;">How Florida's weight-based trafficking law works</span></h2>
<a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0800-0899/0893/Sections/0893.135.html" target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Under Florida Statute 893.135</span></a><span style="font-weight: 400;">, you face trafficking charges if you possess 4 grams of any mixture with fentanyl. Four grams is about the weight of four sugar packets. Prosecutors do not need to prove you knew about the fentanyl or planned to sell it. Police weigh everything together, including fillers and other substances. When the total reaches 4 grams, you face prison time that judges cannot reduce.</span>
<h2><span style="font-weight: 400;">The sentences you face</span></h2>
<span style="font-weight: 400;">Once the weight crosses into trafficking territory, Florida law requires specific prison terms. </span><a href="https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0800-0899/0893/Sections/0893.135.html#:~:text=A%20mixture%20containing%20any%20substance%20described%20in%20sub%2Dsub,shall%20be%20ordered%20to%20pay%20a%20fine%20of%20%24500%2C000." target="_blank" rel="noopener noreferrer" data-wpel-link="external"><span style="font-weight: 400;">Florida significantly increased penalties</span></a><span style="font-weight: 400;"> in 2023 to address the fentanyl crisis. The consequences escalate based on total weight:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>4 to 14 grams:</b><span style="font-weight: 400;"> 7-year mandatory minimum and $50,000 fine</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>14 to 28 grams:</b><span style="font-weight: 400;"> 20-year mandatory minimum and $100,000 fine</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>28 grams or more: </b><span style="font-weight: 400;">25-year mandatory minimum and $500,000 fine</span></li>
</ul>
<span style="font-weight: 400;">Judges cannot consider your clean record, your family responsibilities or your employment history when these mandatory minimums apply. The weight determines the sentence, period.</span>
<h2><span style="font-weight: 400;">Additional charges for first responder exposure</span></h2>
<span style="font-weight: 400;">Florida Statute § 893.132, fully enforced in 2026, adds extra charges if fentanyl exposure harms a police officer, Emergency Medical Technician (EMT) or firefighter during your arrest. If </span><span style="font-weight: 400;">they</span><span style="font-weight: 400;"> suffer an overdose or serious injury from contact with the drug, you face an additional felony with up to 15 years in prison. Police in Viera and Titusville now ask immediately if you possess fentanyl. Lying about it when responders later suffer harm means prosecutors will stack this charge on top of your trafficking penalties.</span>
<h2><span style="font-weight: 400;">Why trace amounts trigger severe charges</span></h2>
<span style="font-weight: 400;">Many Brevard County residents face trafficking charges after possessing what </span><span style="font-weight: 400;">they</span><span style="font-weight: 400;"> believed were prescription pills without fentanyl. Drug dealers frequently mix fentanyl into counterfeit pills</span><span style="font-weight: 400;">,</span><span style="font-weight: 400;"> cocaine </span><span style="font-weight: 400;">and</span><span style="font-weight: 400;"> heroin</span><span style="font-weight: 400;">,</span><span style="font-weight: 400;"> and any detectable amount converts </span><a href="https://www.gmtblaw.com/criminal-defense-overview/drug-offenses/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">simple possession into trafficking</span></a><span style="font-weight: 400;">, potentially triggering up to a 20-year mandatory minimum depending on weight.</span>
<h2><span style="font-weight: 400;">Why legal representation matters</span></h2>
<span style="font-weight: 400;">Skilled defense </span><span style="font-weight: 400;">attorneys</span><span style="font-weight: 400;"> in Brevard County can challenge the evidence against you. </span><span style="font-weight: 400;">They</span><span style="font-weight: 400;"> question lab results, examine police procedures and look for constitutional violations during your arrest. </span><span style="font-weight: 400;">They</span><span style="font-weight: 400;"> also explore whether prosecutors can prove you actually possessed the drugs. The decisions you make in the hours after an arrest matter more than anything you do months later when options disappear.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[3 things to know about the Florida lady bird deed]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2026/01/3-things-to-know-about-the-florida-lady-bird-deed/" />
            <id>https://www.gmtblaw.com/?p=259129</id>
            <updated>2026-01-21T16:18:30Z</updated>
            <published>2026-01-27T16:17:17Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You can pass your Brevard County home directly to your loved ones and skip probate court by using a Florida lady bird deed. Protecting your primary residence is a top priority when planning for the future of your family. This legal tool, which functions as a specialized life estate, lets you transfer real estate automatically upon death while you stay…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2026/01/3-things-to-know-about-the-florida-lady-bird-deed/"><![CDATA[You can pass your Brevard County home directly to your loved ones and skip probate court by using a Florida lady bird deed. Protecting your primary residence is a top priority when planning for the future of your family. This legal tool, which functions as a specialized life estate, lets you transfer real estate automatically upon death while you stay in full control during your lifetime.
<ol>
 	<li><strong> You retain full control</strong></li>
</ol>
The main benefit of this deed is that it does not restrict your ownership rights while you are living. Unlike a traditional life estate deed, the enhanced version lets you sell, mortgage, or lease the home without asking for permission from your heirs. You also keep your Florida homestead tax exemption and the Save Our Homes assessment cap.
<ol start="2">
 	<li><strong> It avoids the probate process</strong></li>
</ol>
Because the deed names a successor who takes ownership immediately when you pass away, the home does not become part of your probate estate. This helps your family avoid a court process that often involves significant attorney fees. To confirm the transfer, your heirs typically record your death certificate and an Affidavit of Surviving Remainderperson in the county records to update the title for any future sale.
<ol start="3">
 	<li><strong> Homestead laws can override the deed</strong></li>
</ol>
Florida constitutional law can override your deed in specific family situations. If you have a minor child, you cannot legally transfer your homestead using this method. If you are married, you cannot leave the home to a third party unless your spouse signs a formal waiver.

<strong>Spousal waivers and charitable giving</strong>

A spouse can waive these inheritance rights by signing the deed if it includes specific safe harbor language required by Florida statutes. However, even with this waiver, your spouse must still sign any documents if you decide to sell or mortgage the home during your lifetime.

Beyond naming family members, some homeowners explore <a href="https://ufan.uff.ufl.edu/newsletter/using-enhanced-life-estate-deeds-to-pass-real-property-to-charity-opportunities-pitfalls-and-best-practices/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">using enhanced life estate deeds to pass real property to charity</a> as a way to leave a lasting legacy. If the deed violates these rules, the transfer may fail, typically leaving the spouse with a life estate or the option to elect a 50% interest within six months of your passing.
<h2>Securing your property and legacy</h2>
Consulting a legal professional can help you navigate Florida laws to ensure your home is protected and your wishes are honored. Every family situation is unique, and a clear plan can prevent your property from being caught in a failed transfer or long legal dispute. Taking the time to <a href="https://www.gmtblaw.com/estate-planning/probate-trust-administration/" data-wpel-link="internal">establish a clear plan now</a> provides peace of mind for you and a more predictable transition for those you leave behind.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Challenging a Florida DUI: Know your rights]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/12/challenging-a-florida-dui-know-your-rights/" />
            <id>https://www.gmtblaw.com/?p=259115</id>
            <updated>2025-12-11T21:17:56Z</updated>
            <published>2025-12-11T21:17:56Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Getting charged with driving under the influence (DUI) in Florida is a serious matter. A conviction can carry heavy fines, license suspension and even jail time. Your freedom and future are at stake. However, a successful prosecution depends entirely on whether police followed the law from the moment they first pulled you over. Law enforcement must follow rigid procedures, and…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/12/challenging-a-florida-dui-know-your-rights/"><![CDATA[Getting charged with driving under the influence (DUI) in Florida is a serious matter. A conviction can carry heavy fines, license suspension and even jail time. Your freedom and future are at stake.

However, a successful prosecution depends entirely on whether police followed the law from the moment they first pulled you over. Law enforcement must follow rigid procedures, and their failure to do so can help you build a powerful defense.
<h2>Rules officers must follow</h2>
Police officers cannot stop your vehicle randomly. They must have "reasonable suspicion," meaning the officer must point to specific facts, like seeing you weave or speed, that suggest you committed a traffic violation or a crime.

Once stopped, the officer begins an investigation. They look for signs of impairment, such as bloodshot eyes or the smell of alcohol. They may then ask you to perform field sobriety tests (FSTs), which you have the legal right to decline.

On the other hand, refusing a breath, blood, or urine test after a lawful DUI arrest can lead to an automatic driver's license suspension under <a href="https://www.floridalel.info/resources/implied-consent/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">Florida's implied consent law</a>. However, even if you refuse, the officer must still follow specific procedures for a lawful request of a chemical test.

After the investigation, the officer must have probable cause to arrest you, which is a higher standard than reasonable suspicion. It means they must have a reasonable belief that you were driving while impaired.
<h2>What happens when police break the rules?</h2>
If your initial stop lacked reasonable suspicion or the arrest lacked probable cause, your lawyer can file a motion to suppress evidence. If the judge grants the motion, all evidence gathered after the violation may be excluded, including breath test results, the officer’s observations or any statements you made.

Without this key evidence, the prosecutor’s case against you can be dramatically weakened, often leading to reduced charges or dismissal. Other procedural errors can help your case, such as improper FST administration or failing to watch you for the required 20 minutes before a breath test, as required by the Florida Administrative Code.
<h2>How can you help your defense?</h2>
Your actions at the time of the stop can significantly benefit your case later. Document everything you can remember, including:
<ul>
 	<li aria-level="1">The exact location and time of the stop</li>
 	<li aria-level="1">What the officer said and the road conditions</li>
</ul>
You should always be polite and provide your license, registration and proof of insurance. While you have the legal right to refuse to perform FSTs, be aware that your refusal may be admissible in court as evidence of possible impairment. Politely decline to answer any further investigative questions until you speak to a lawyer.

Remember, your job is to protect your constitutional rights in that moment, not to argue with the officer. A DUI arrest is a complex legal challenge that can change your life.

Having a skilled attorney is an <a href="https://www.gmtblaw.com/criminal-defense-overview/dui/" target="_blank" rel="noopener" data-wpel-link="internal">essential step</a> in protecting your rights, as they can thoroughly investigate whether the officer followed the correct procedures.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[The Ultimate Holiday Gift: Peace of Mind for Your Family&#8217;s Future]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/09/the-ultimate-holiday-gift-peace-of-mind-for-your-familys-future/" />
            <id>https://www.gmtblaw.com/?p=259111</id>
            <updated>2025-09-26T09:44:24Z</updated>
            <published>2025-09-26T09:44:24Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[This season, as you think about your loved ones and how you show you care, consider giving something truly invaluable: peace of mind for their future. A clear and solid estate plan stands as the ultimate gift since it protects your family and your wishes. Here are some other benefits: Keeps your assets safe An estate plan keeps your hard-earned…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/09/the-ultimate-holiday-gift-peace-of-mind-for-your-familys-future/"><![CDATA[This season, as you think about your loved ones and how you show you care, consider giving something truly invaluable: peace of mind for their future. A clear and solid estate plan stands as the ultimate gift since it protects your family and your wishes. Here are some other benefits:
<h2>Keeps your assets safe</h2>
An estate plan keeps your hard-earned assets safe. It clearly states who gets what, making sure your beneficiaries receive their rightful inheritance without needless delays or legal fights. This protection means your family can focus on healing, not arguing over possessions.
<h2>Names guardians for minor children</h2>
For parents of young children, an estate plan is very important. It lets you name legal guardians for your children, making sure their care and upbringing match your values. Without this plan, the court decides, and that might not be what you want.
<h2>Skip probate court</h2>
Probate, the legal process of proving a will, can take a long time, be public, and cost a lot. A good estate plan often makes probate much shorter or even avoids it completely. This allows your assets to go quickly and privately to your beneficiaries, saving them time and money.
<h2>Lower tax payments</h2>
Smart estate planning can greatly cut down on inheritance and <a href="https://www.flsenate.gov/laws/statutes/2024/198.02" data-wpel-link="external" target="_blank" rel="noopener noreferrer">estate taxes</a>. This means more of your money goes directly to your family, not to the government. It is a clever financial step that helps your heirs.
<h2>Building your future’s foundation</h2>
Protecting your family’s future needs careful planning and correct action. Dealing with estate planning especially for your loved ones, can be complicated and overwhelming. A skilled professional can guide you through each step, <a href="https://www.gmtblaw.com/estate-planning/" data-wpel-link="internal">turning your wishes into a solid plan</a> that truly protects your family and your legacy.

&nbsp;]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Judgments and Selling or Refinancing Your Home]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/08/judgments-and-selling-or-refinancing-your-home/" />
            <id>https://www.gmtblaw.com/?p=259107</id>
            <updated>2025-08-26T19:55:21Z</updated>
            <published>2025-08-26T19:55:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If there is a judgment against you, or you and your spouse, and you and your spouse want to sell or refinance the home, can you avoid paying the judgment from the sale or refinance?  The answer is maybe yes.  The devil is always in the details, but if the home is the primary residence, you and your spouse can…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/08/judgments-and-selling-or-refinancing-your-home/"><![CDATA[If there is a judgment against you, or you and your spouse, and you and your spouse want to sell or refinance the home, can you avoid paying the judgment from the sale or refinance?  The answer is maybe yes.  The devil is always in the details, but if the home is the primary residence, you and your spouse can file a Notice of Homestead in the County where the property is located.  If the creditors do not file suit challenging the designation with forty-five days, then the lien no longer applies, and the property may be sold or refinanced without paying off the judgment.

Mitch]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Attorney Answers]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/08/attorney-answers/" />
            <id>https://www.gmtblaw.com/?p=259106</id>
            <updated>2025-08-23T20:37:00Z</updated>
            <published>2025-08-23T20:36:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[A good attorney should be able to answer your questions in a clear, understandable manner.  She should explain the consequences and possible outcomes of a course of action.  You are not paying to be confused or not to have your questions answered.  Speak up and ask if you do not understand the answer or advice. Mitch]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/08/attorney-answers/"><![CDATA[A good attorney should be able to answer your questions in a clear, understandable manner.  She should explain the consequences and possible outcomes of a course of action.  You are not paying to be confused or not to have your questions answered.  Speak up and ask if you do not understand the answer or advice.

Mitch]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Don&#8217;t spend the money yet&#8230;&#8230;&#8230;&#8230;.]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/08/dont-spend-the-money-yet/" />
            <id>https://www.gmtblaw.com/?p=259105</id>
            <updated>2025-08-23T15:39:28Z</updated>
            <published>2025-08-23T15:39:28Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[I saw a post that fifteen percent (15%) of all signed residential contracts do not close.  My experience is that closings do not happen for a variety of reasons such as a failed inspection, death, divorce, or job change in the buyer’s family, or the loan did not go through for credit or appraisal reasons. The seller needs to be…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/08/dont-spend-the-money-yet/"><![CDATA[I saw a post that fifteen percent (15%) of all signed residential contracts do not close.  My experience is that closings do not happen for a variety of reasons such as a failed inspection, death, divorce, or job change in the buyer's family, or the loan did not go through for credit or appraisal reasons. The seller needs to be aware that failure to close is always a possibility.  Timing is critical as the seller's plan to move to a new home may not be realized if the initial home does not close.  Make sure there is time in the contract between the end of the due diligence period and the closing date to give you, as the seller, time to pivot if the sale falls through.

Mitch]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Goldman, Monaghan, Thakkar &amp; Bettin, P.A.</name>
				            </author>
            <title type="html"><![CDATA[Please don&#8217;t swim with the sharks&#8230;&#8230;&#8230;.]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/08/please-dont-swim-with-the-sharks/" />
            <id>https://www.gmtblaw.com/?p=259104</id>
            <updated>2025-08-22T20:40:35Z</updated>
            <published>2025-08-22T20:40:35Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[I received an email from another client who purchased a home at a foreclosure sale without doing their title work homework.  It turns out that the judgement purchased was from the homeowner’s association and, whoops, the first mortgage was still in place.  Now the first mortgage is foreclosing, and the client will lose the home and the investment unless it…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/08/please-dont-swim-with-the-sharks/"><![CDATA[I received an email from another client who purchased a home at a foreclosure sale without doing their title work homework.  It turns out that the judgement purchased was from the homeowner's association and, whoops, the first mortgage was still in place.  Now the first mortgage is foreclosing, and the client will lose the home and the investment unless it can pay off the first mortgage.    Very sad, and avoidable with proper due diligence.  Foreclosure purchases are not games for amateurs.

Mitch]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name> mitchg</name>
				            </author>
            <title type="html"><![CDATA[Fun with Foreclosures]]></title>
            <link rel="alternate" type="text/html" href="https://www.gmtblaw.com/blog/2025/08/fun-with-foreclosures/" />
            <id>https://www.gmtblaw.com/?p=259101</id>
            <updated>2025-08-16T16:22:42Z</updated>
            <published>2025-08-16T16:22:42Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Seller clients sometimes “tote the note” and carry back seller financing for a portion of the purchase price.  When the buyer does not make the note payments, or does not pay the taxes or insurance, then the seller must file a lawsuit to foreclosure the mortgage and request the property be judicially sold as collateral for the loan.   If a…]]></summary>
			                <content type="html" xml:base="https://www.gmtblaw.com/blog/2025/08/fun-with-foreclosures/"><![CDATA[Seller clients sometimes "tote the note" and carry back seller financing for a portion of the purchase price.  When the buyer does not make the note payments, or does not pay the taxes or insurance, then the seller must file a lawsuit to foreclosure the mortgage and request the property be judicially sold as collateral for the loan.   If a lawsuit is necessary, the typical foreclosure case should take no more than six months from start to finish.

Mitch]]></content>
						        </entry>
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