Month: October 2015

Florida Foreclosures Highlighted in New Report

It’s no secret that Florida was hit hard by the foreclosure crisis and has faced a long, slow recovery.  The good news is Florida is recovering.  More news stories focus on the improvement in Florida’s foreclosure rates and the decreases in the number of zombie foreclosures (those properties in the foreclosure process that aren’t yet under the care of a lender and thus, are unkempt, blighting neighborhoods) is sharply declining.  However, the recovery process remains ongoing and a new r[...]

Stripping Liens Down in Florida Bankruptcy Courts

Stripping down in court is typically disfavored and a quick way to get kicked out.  But, as with all things legal, there’s an exception for a different kind of stripping: stripping liens. Stripping Liens Basics Stripping Liens, authorized by 11 U.S.C. § 506, conceptually divides certain claims secured by liens on property into two claims: an unsecured claim and a secured claim.  For example, let’s say Creditor A has loaned a debtor $100,000 and secured that loan with a mortgage on propert[...]

A "Relative" Large Chapter 11 Bankruptcy

In late July, Relativity Media filed for Chapter 11 Bankruptcy and Hollywood and bankruptcy enthusiasts alike are closely watching the case.  If you’re unfamiliar with the name, Relativity is the third largest mini-major film studio in the world with credits for producing titles (some with other production companies) like Limitless, Interns, Les Miserables, The Best of Me, Fast & Furious 6, and the TV show Catfish.  The company’s estimated assets are between $100 and $500 million with [...]

The Danger Zone: High Risk Mortgages

Buying a home is a big milestone, whether it’s a first home, fifth home, or investment home.  Its also a big legal undertaking filled with long, in-depth contracts full of legalese that can be confusing and its easy to get caught up in the excitement, ignore the portions that are difficult to understand, and proceed.  Don’t do that.  Most mortgage lenders are honest and fair but some aren’t and if you don’t take the time to understand the agreement you’re entering into, you’re at [...]

Reverse Mortgage Foreclosure Gets Reversed by Florida Court

Reverse Mortgages, also called “home equity conversion mortgages” or “HECMs” allow older homeowners to obtain monthly payments from a lender based on the equity in their home.  The homeowners don’t have to pay any payments on this loan until they move or pass away.  Reverse mortgages are heavily promoted and utilized in Florida.  In late July, Florida’s Third District Court of Appeal (“Third DCA”) in Smith v. Reverse Mortgage Solutions, Inc., issued an opinion that helps prote[...]