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Month: May 2015

Social Media Property Rights in Bankruptcy

Modern technology, particularly the internet and smartphones, has brought with it many new types of property, property that is largely intangible.  Intangible property does not have a physical existence and cannot be touched or moved like a car, painting, or other type of tangible property.  Much of the law has evolved to deal with tangible property so courts are still adapting to how to deal with intangible property in all areas of the law. Earlier this month, one bankruptcy court began to ta[...]

Homeowner with Mortgage Insurance Foreclosed Unnecessarily

Laura Coleman Biggs is a former nurse whose husband died in 2003.  After his death, she struggled to make payments on their home for years.  Upon the advice of her attorney, she filed for bankruptcy but didn’t pursue the case to completion.  The filing alone was enough to scare creditors and she lost the ability to use her credit cards.  Foreclosure proceedings were commenced against Biggs on behalf of the lender, a Bank of America subsidiary and by December of 2013, Biggs was on the verge[...]

Lenders Lose Where Default Notice is Lacking

In an earlier Florida Foreclosure Blog, we discussed how Paragraph 22 of many standard mortgage agreements can be the basis for a foreclosure defense.  To quickly recap, a mortgage is a contract under which the lender and the borrower each agree to undertake certain obligations.  Paragraph 22 of standard mortgage agreements contains a number of obligations that the lender must undertake before filing a foreclosure action.  These requirements deal with giving the borrower a default notice and [...]