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The Evidence Foreclosure Defense

The housing crisis brought it a lot of foreclosure filings. These foreclosure findings revealed and continue to reveal a lot of misconduct and mistakes on the lending side. A lot of the misconduct related to the systemization of the processing and servicing of the loans where the emphasis was on more loans and higher value loans. This emphasis caused many lenders and servicers to overlook important details like reviewing paperwork to ensure its accuracy or completing all the necessary paperwork [...]

Florida Foreclosures : The Good News

This week’s blog will highlight some positive news stories regarding Florida foreclosures and real estate. The Market is Recovering Overall, Florida’s housing market continues on its trends towards recovery. It is still a slow process and some victories are small ones, like Florida no longer holding the largest inventory of homes in the foreclosure process (it was surpassed by New York), there is reason to be optimistic as reports show a consistent movement towards recovery. For example, [...]

Oral Arguments Commence Regarding Foreclosure Statute of Limitations in Florida

Foreclosure Statute of Limitations in Florida Oral arguments in a case we’ve been following for over a year, Bartram v. US Bank, regarding the foreclosure statute of limitations in Florida, were heard by the Florida Supreme Court last week.  The core issue the Court is evaluating is whether the five year foreclosure statute of limitations in Florida bars claims by a lender where the lender institutes a legal proceeding, purports to accelerate the mortgage in the proceeding, the proceeding [...]

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[...]

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 [...]

Negative Ruling for Paragraph 22 Defense

The so-called “Paragraph 22” defense to foreclosure has been the subject of prior blogs and we have yet another update on the defense out of Florida’s 2nd District Court of Appeal (“DCA”).  As a refresher, the defense is rooted in Paragraph 22 of the standard mortgage agreement, which provides a number of requirements that lenders must comply with before filing for foreclosure.  In short, homeowners have successfully argued for dismissal of cases where lenders didn’t comply with al[...]

How do Foreclosure Proceedings in Florida Work?

The foreclosure crisis that began in 2008 and is slowly subsiding has been a hot topic for years now, particularly, here in Florida where the number of foreclosures continues to beat the national averages.  Yet, the average understanding is that when you don’t pay you mortgage, the bank comes and takes your home.  And while at a very broad level, this is true, the process is a lot more complicated and open to alternative outcomes.   The Home Financing The foreclosure process actually be[...]

Florida Foreclosure Statute of Limitations

As we’ve discussed in earlier versions of this Florida foreclosure blog, the law on whether and when a lender can foreclose on the same property more than once is in flux.  The Florida Supreme Court is set to hear oral arguments in Bartram v. US Bank on October 7, 2015.  The court will decide whether the acceleration of a mortgage note by a lender conclusively and irreversibly begins the running of the Florida foreclosure statute of limitations (deadline for bringing a lawsuit). In the inte[...]

Karma Comes to Mortgage Relief Scams

Taking advantage of distressed homeowners is reprehensible.  Recently, one group running mortgage relief scams got a taste of what it feels like to lose money when the Southern District of Florida, a federal court, entered a judgment totally over $27 million against a group of entities accused of ripping off homeowners. Mortgage Reilef Scam Background As we’ve discussed in earlier blogs, homeowners that have fallen behind on their mortgages do have options that range from defenses to foreclos[...]

Condition Precedent Defenses in Foreclosure Actions: Raise Them or Lose them

Mortgages are contracts under which both the lender and the homeowner, borrower have obligations.  One of the homeowner’s obligations is to make their mortgage payments.  When homeowners are unable to meet this obligation, the lender typically begins foreclosure proceedings.  However, before filing the foreclosure action, the lender typically has contractual obligations, like giving notice of default, which it must comply with before it can file the lawsuit.  The notice and other requireme[...]