My brother lives in Florida. He is still in the foreclosure process. It was a strategic walk away that went completely wrong. The Second Mortgage sued him for breach of contract instead of foreclosure. Where does it say in the law that they can sue him before the property is sold in foreclosure and there is a deficiency judgement. Florida Statutes 697.01 states that all mortgages shall be subject to the same rules of foreclosure. They tried to garnish his wage, but in Florida if you are the Head of Household, they cannot garnish your wage. The Second Mortgage has a lien on all his assests because of the judgement. I just filed a complaint with the OCC against the Second Mortgage. I also requested the independant foreclosure review since the first mortgage lender has taken almost four years and still haven't foreclosed on the property. I want to see if I can get my brother anything out of this big $26 billion settlement with the bank. Don't give up, fight back.