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All Forum Posts by: Peter Walther

Peter Walther has started 31 posts and replied 1587 times.

Post: How Will This Lawsuit Turn Out?

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696

While this analysis of a recent bankruptcy court decision in isn't directly on point it does discuss some uninformed decision making when dealing with distressed loans.  

Bankruptcy Court Denies Stay Relief Thereby Preventing Enforcement of Deed in Escrow Transaction | Insights | Mayer Brown

In re DJK Enterprises, LLC, No. 24-60126 (Bankr. S.D. Ill. Feb. 13, 2025)

Post: How Will This Lawsuit Turn Out?

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696

The allegations in the complaint would be interesting to read so if you'd give me the case file no. I'd like to take a look at it.  If it alleges the lender knew about Smith's claimed interest the insurer may deny coverage or it may provide coverage under a reservation of rights which means while the insurer provides a defense, if the court intimately finds the lenders interest is subordinate to Smiths for a reason excluded from coverage under the policy there is no loss recoverable.

As to the outcome of the dispute between Smith and Doe, that also depends on the facts of the case.

Post: Foreclosure with Redemption Period

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Fernando Alonso:

Hi Peter,

Actually, there was a mortgage with a $60k balance on the property, but I was aware of it and factored it into my bid. Between paying off the mortgage, the auction bid, and some other costs, my total outlay was around $200k for a property valued at about $260k, which I now have rented at $2,400/month.

As for the Clerk’s explanation, there really wasn’t one. When I didn’t get any response from them, I went down to the courthouse myself. Out of about 25 desks, not a single clerk was there; apparently, everyone was working from “home office.” The only person on site, the receptionist, simply acknowledged it was a clear mistake by the attorney, judge, and clerk. To resolve it, I had to file a court claim, which cost me another $2,000 in attorney fees. Just another example of the real costs of government inefficiency.


 Sounds like a profitable investment, congratulations.

Post: Foreclosure with Redemption Period

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Fernando Alonso:
Quote from @Peter Walther:
Quote from @Fernando Alonso:
Quote from @Peter Walther:
Quote from @Fernando Alonso:

Hi Isaiah,

Great question.

First off, it’s important to keep in mind that each state has its own foreclosure laws, and even within the same state, local procedures and timelines can vary depending on the county or the type of foreclosure (judicial, non-judicial, or tax-related).

Foreclosure investing can be a great niche, high returns and low risk if you conduct proper due diligence and understand the legal framework. But to do it successfully, it’s essential to focus on a specific market, study its behavior over time, and become familiar with its unique legal and operational processes. That’s how you reduce surprises.

As for redemption periods, yes, states like Iowa or Alabama have relatively long redemption periods, sometimes several years. During this time, the previous owner can redeem the property by repaying what you paid at auction (plus interest, fees, and sometimes penalties), meaning you wouldn’t receive full title or possession rights until the period expires.

By contrast, in a state like Florida, where I specialize, the redemption period after a foreclosure auction is only 10 days. Once those 10 days pass, the court issues a Certificate of Title, and the property is legally yours, free and clear of that redemption risk.

Hope this helps. 


If I'm not mistaken, F.S 45.0315 provides that the right of redemption in Florida runs through the issuance of the Certificate of Sale (CS), not the Certificate of Title (CT).  F.S. 45.031(4) provides that after the sale the Clerk shall promptly issue the CS, which in my experience is generally the same day as the sale and at that point the mortgagor's and subordinate lien holder's, right of redemption is extinguished.  F.S. 45.031(5) provides that if no objections to the sale are filed within 10 days after the filing of the CS the Clerk shall issue the CT.  Of course, anyone filing an objection has to provide the Court with a valid basis for the objection.

Indeed, Peter, that’s correct. Just a quick note from my experience in Florida:

  1. While Florida Statutes apply statewide, not all counties follow the process to the letter. In busy counties like Miami-Dade, Broward, or Hillsborough, I’ve seen Certificates of Sale issued 3 days after the auction, and Certificates of Title delayed 4 days beyond the standard 10-day period. This can create tricky situations—especially if a redemption challenge comes up after the 10-day window (Where you are then undisputable legal owner) but before the title is issued.

  2. You’re also right that objections require a valid legal basis. However, if someone files for redemption, the issuance of the title is automatically put on hold until the court resolves the matter. In some counties, this can mean unexpected delays and additional legal fees before you get access to the property.

But as the market assures, a thorough due diligence avoids or lower the risks of these situations... Hope it helps!



As I wrote Fernando, F.S. 45.031(4) requires the Clerk to "promptly" file the CS so it appears there may be some discretion there, though I've never seen a Florida Clerck issue it later.  However, F.S. 45.031(5) provides that 10 days after the CS is issued the Clerk "shall" issue the CT so there's no discretion.  If you could give me one or two Case No's where you've seen it happen, I'd like to look at them and see how it turned out.  Thanks in advance.




Hi Peter,


Absolutely, I can share a real-world example. Take a look at Miami-Dade Case 2015-011157-CA-01: in this case, the Certificate of Sale was issued two days after the auction, and the Certificate of Title wasn’t filed until 13 working days after the sale (April 13, 2023). This delay actually caused a major issue, the auction plaintiff tried to amend the final judgment amount, and by mistake, a new Final Judgment was entered for a future auction date after the 10-day window, but before the Certificate of Title was issued. Unfortunately, nobody, from the plaintiff’s attorney to the judge and the clerk, caught the error in time, resulting in significant costs and a lot of back-and-forth to resolve the problem. You’ll find all the details in the case docket.


Also, if you review random Certificates of Title in Miami-Dade for 2023 and 2024, you’ll notice similar delays cropping up, especially since the shift to more remote (“home office”) operations. These procedural inconsistencies have become quite frequent.


Hope this helps!


 Thanks Fernando, very interesting case.  I assume there wasn't a mortgage on the property?  Did the Clerk give an explanation for the delay in issuing the CT?  I don't see anything in the file.

Post: Foreclosure with Redemption Period

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Fernando Alonso:
Quote from @Peter Walther:
Quote from @Fernando Alonso:

Hi Isaiah,

Great question.

First off, it’s important to keep in mind that each state has its own foreclosure laws, and even within the same state, local procedures and timelines can vary depending on the county or the type of foreclosure (judicial, non-judicial, or tax-related).

Foreclosure investing can be a great niche, high returns and low risk if you conduct proper due diligence and understand the legal framework. But to do it successfully, it’s essential to focus on a specific market, study its behavior over time, and become familiar with its unique legal and operational processes. That’s how you reduce surprises.

As for redemption periods, yes, states like Iowa or Alabama have relatively long redemption periods, sometimes several years. During this time, the previous owner can redeem the property by repaying what you paid at auction (plus interest, fees, and sometimes penalties), meaning you wouldn’t receive full title or possession rights until the period expires.

By contrast, in a state like Florida, where I specialize, the redemption period after a foreclosure auction is only 10 days. Once those 10 days pass, the court issues a Certificate of Title, and the property is legally yours, free and clear of that redemption risk.

Hope this helps. 


If I'm not mistaken, F.S 45.0315 provides that the right of redemption in Florida runs through the issuance of the Certificate of Sale (CS), not the Certificate of Title (CT).  F.S. 45.031(4) provides that after the sale the Clerk shall promptly issue the CS, which in my experience is generally the same day as the sale and at that point the mortgagor's and subordinate lien holder's, right of redemption is extinguished.  F.S. 45.031(5) provides that if no objections to the sale are filed within 10 days after the filing of the CS the Clerk shall issue the CT.  Of course, anyone filing an objection has to provide the Court with a valid basis for the objection.

Indeed, Peter, that’s correct. Just a quick note from my experience in Florida:

  1. While Florida Statutes apply statewide, not all counties follow the process to the letter. In busy counties like Miami-Dade, Broward, or Hillsborough, I’ve seen Certificates of Sale issued 3 days after the auction, and Certificates of Title delayed 4 days beyond the standard 10-day period. This can create tricky situations—especially if a redemption challenge comes up after the 10-day window (Where you are then undisputable legal owner) but before the title is issued.

  2. You’re also right that objections require a valid legal basis. However, if someone files for redemption, the issuance of the title is automatically put on hold until the court resolves the matter. In some counties, this can mean unexpected delays and additional legal fees before you get access to the property.

But as the market assures, a thorough due diligence avoids or lower the risks of these situations... Hope it helps!



As I wrote Fernando, F.S. 45.031(4) requires the Clerk to "promptly" file the CS so it appears there may be some discretion there, though I've never seen a Florida Clerck issue it later.  However, F.S. 45.031(5) provides that 10 days after the CS is issued the Clerk "shall" issue the CT so there's no discretion.  If you could give me one or two Case No's where you've seen it happen, I'd like to look at them and see how it turned out.  Thanks in advance.



Post: Foreclosure with Redemption Period

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Fernando Alonso:

Hi Isaiah,

Great question.

First off, it’s important to keep in mind that each state has its own foreclosure laws, and even within the same state, local procedures and timelines can vary depending on the county or the type of foreclosure (judicial, non-judicial, or tax-related).

Foreclosure investing can be a great niche, high returns and low risk if you conduct proper due diligence and understand the legal framework. But to do it successfully, it’s essential to focus on a specific market, study its behavior over time, and become familiar with its unique legal and operational processes. That’s how you reduce surprises.

As for redemption periods, yes, states like Iowa or Alabama have relatively long redemption periods, sometimes several years. During this time, the previous owner can redeem the property by repaying what you paid at auction (plus interest, fees, and sometimes penalties), meaning you wouldn’t receive full title or possession rights until the period expires.

By contrast, in a state like Florida, where I specialize, the redemption period after a foreclosure auction is only 10 days. Once those 10 days pass, the court issues a Certificate of Title, and the property is legally yours, free and clear of that redemption risk.

Hope this helps. 


If I'm not mistaken, F.S 45.0315 provides that the right of redemption in Florida runs through the issuance of the Certificate of Sale (CS), not the Certificate of Title (CT).  F.S. 45.031(4) provides that after the sale the Clerk shall promptly issue the CS, which in my experience is generally the same day as the sale and at that point the mortgagor's and subordinate lien holder's, right of redemption is extinguished.  F.S. 45.031(5) provides that if no objections to the sale are filed within 10 days after the filing of the CS the Clerk shall issue the CT.  Of course, anyone filing an objection has to provide the Court with a valid basis for the objection.

Post: Refinancing a property with a liens

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696

Before making a decision, I suggest you contact a title agent and ask to purchase an owner's title policy.  A policy issued to your lender does not provide you with any coverage even though you'll pay the premium.  They should provide you with a title commitment that will show all items they'll require to be disposed of before a policy will be issued.  It's possible there are other defects in title or liens that you're not aware of that you'll probably want to know about before putting any more money into the project.  If the liens are the only objections, it may be possible for you to transfer the liens to bond and there are bonding companies that will post the bond for a fee.  In my experience the cost was generally about 10% of the amount of the bond.

Post: Name on deed

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Sylvia Castellanos:
Quote from @Peter Walther:

In my opinion this type of situation does not need a corrective deed since there is nothing to correct.  In my experience a deed from a now divorced women would show the Grantor as Mary Smith a single woman (if that is indeed her current status) F/K/A (formerly known as) Mary Jones, a married woman.  It's possible that when Ms. Smith goes to convey the property to a third party the title insurer may require her to produce the divorce decree, and possibly the settlement agreement if there is one, to be sure there is no spouse or former spouse with a possible interest.  You might talk with someone at the title company where you closed your purchase to see what their recommendation is from a title insurance perspective.


 Peter, I want to be sure I understand what you are saying, and let us keep in mind that all I want is to transfer my own home to a Sylvia Castellanos Living Trust.  I think you are saying that I can  have a deed prepared for that transfer that will identify me, as the grantor, as Sylvia Castellanos, a single woman, F/K/A/ Sylvia Castellanos Asturias, a married woman.  The point is, if I understand you correctly, that I don't need to go to a lawyer to prepare a new deed changing the name to Sylvia Castellanos, and  only after I have that then prepare yet another deed to transfer the property to the trust.  Do I understand you correctly?

Mary Smith a single woman (if that is indeed her current status) F/K/A (formerly known as) Mary Jones, a married woman.



Mary Smith a single woman (if that is indeed her current status) F/K/A (formerly known as) Mary Jones, a married woman.


My suggestion is based on my understanding of your situation, but yes, that's my opinion.  However, I also suggested you speak with someone at the title agent that handled your purchase of the property to be sure that the deed you prepare will not lead to problems conveying the property down the road.  While the procedure is straight forward, an improperly prepared deed can lead to significant problems in the future.  If you can't get any assistance from the agent, I think it would be prudent and cost effective to have a real estate attorney review the deed before it's signed and recorded.

Post: Name on deed

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Tyson Wade:
Quote from @Sylvia Castellanos:
Quote from @Tyson Wade:

It can potentially create a cloud on title if you deed it directly from the old deed into the trust, which can cause issues with title insurance. Generally, to avoid a cloud, you can file a corrective deed, which is a deed that serves to provide public notice of the name change, but indicating that the two names are one-in-the same person. Then, you can record the deed into the trust. This can clean up the chain of title. While you're not legally required to hire an attorney to prepare the corrective deed, it is a bit different than your typical deed, so if not using an attorney you may need to find a local title company that can help prepare it.


 You explain that I should start by filing a corrective deed. Where do I file this? The recorder of deeds office?


 Correct, it would get recorded with the County Recorder. If you have a title company or attorney draft it for you, they can typically get it recorded for you as well.


 I hope the title agent has an attorney on staff prepare the deed as I believe it's generally a UPL violation for a non-attorney prepare one that is not incident to the issuance of a title policy.

Post: Name on deed

Peter WaltherPosted
  • Specialist
  • Winter Springs, FL
  • Posts 1,619
  • Votes 696
Quote from @Tyson Wade:
Quote from @Sylvia Castellanos:
Quote from @Tyson Wade:

It can potentially create a cloud on title if you deed it directly from the old deed into the trust, which can cause issues with title insurance. Generally, to avoid a cloud, you can file a corrective deed, which is a deed that serves to provide public notice of the name change, but indicating that the two names are one-in-the same person. Then, you can record the deed into the trust. This can clean up the chain of title. While you're not legally required to hire an attorney to prepare the corrective deed, it is a bit different than your typical deed, so if not using an attorney you may need to find a local title company that can help prepare it.


 You explain that I should start by filing a corrective deed. Where do I file this? The recorder of deeds office?


 Correct, it would get recorded with the County Recorder. If you have a title company or attorney draft it for you, they can typically get it recorded for you as well.


 What is the corrective deed correcting?