The Note Closers Show - The #1 Podcast for Note Investing

← The Note Closers Show - The #1 Podcast for Note Investing29 sept. · 1 h 05 min

Everything You Wanted to Know About Foreclosing in Texas, Florida, and New York with Steve Wallace

Everything You Wanted to Know About Foreclosing in Texas, Florida, and New York with Steve Wallace29 sept.1 h 05 min

Navigating the legal intricacies of non-performing notes, borrower bankruptcies, and foreclosure dockets can mean the difference between a high-yielding real estate portfolio and costly legal blunders. Welcome back to The Note Closers Show! In this power-packed episode, host Scott Carson sits down with powerhouse attorney Steve Wallace, founder of Wallace Law. Licensed across three of the most crucial real estate markets in the country—Texas, Florida, and New York—Steve delivers an absolute masterclass on handling default servicing, navigating Chapter 13 and Chapter 7 filings, and managing foreclosures from start to finish.

Whether you are dealing with lightning-fast non-judicial sales in Texas or navigating multi-year judicial court processes in Florida and New York, Steve shares real-world case studies, cost breakdowns, and crucial statutory guidelines every real estate investor needs to master. From auditing collateral files and verifying original wet-ink notes to deploying receiverships on commercial properties and enforcing assignment of leases and rents, this interview provides actionable legal intelligence to protect your principal and maximize returns. Tune in, take notes, and discover how to handle distressed real estate transactions like a seasoned pro!

Key Topics Covered:

Multi-State Legal Overview: Key differences in real estate litigation, bankruptcy, and foreclosure practice across Texas, Florida, and New York. Judicial vs. Non-Judicial Foreclosures: Fast-track 21-day non-judicial sales in Texas versus extended judicial court dockets in Florida and New York. Chapter 13 & Chapter 7 Bankruptcy Insights: How automatic stays halt foreclosure auctions, safe harbor legal fee structures, 5-year repayment plan dynamics, and lender relief motions. Lien Stripping & Second Mortgages: When bankruptcy judges strip second liens to unsecured status and the severe risks of buying or curing second mortgages. Crucial Collateral File Due Diligence: The absolute necessity of original wet-ink notes, mortgages, complete chains of assignments, title policies, and verified payment ledgers. Florida HOA Safe Harbor Protection: Navigating the statutory cap (1% of total loan balance or 12 months of assessments) and substituting plaintiffs prior to auction sales. Commercial vs. Residential Default Dynamics: Acceleration mechanisms, order to show cause filings, enforcing assignments of rents, and appointing neutral receivers. Deficiency Judgments & Statute of Limitati