Florida Supreme Court Gives Final Word on Bartram and Foreclosure Refiling

| May 16, 2017

Last fall, we discussed the Florida Supreme Court’s decision in the Bartam case relating to foreclosure lawsuit deadlines Our article explains in detail the Supreme court’s opinion and it’s practical effect on foreclosures in Florida. Specifically, the case addressed the issue of the lawfulness of a mortgage holder refiling a foreclosure lawsuit, as well as […]

What Does The 2017 FHFA Foreclosure Prevention Report Mean For Florida Homeowners?

| May 2, 2017

It is important for Florida homeowners to be aware of their rights when it comes to their residential real estate. After all, it is likely the largest investment most Americans will make in their lifetime. It’s a key motivation for our articles on this blog. This is true whether the issue relates to: buying a […]

Payment Defense to Foreclosure

| April 18, 2017

In Florida, when a lender files a foreclosure lawsuit, the lender must prove that a homeowner has breached his or her obligations under the note and/or mortgage. In turn, a homeowner has the right to raise defenses that defeat or otherwise mitigate the claims made by the lender. One such foreclosure defense is payment. The […]

Court Procedures That Can Delay Foreclosure

| April 4, 2017

In Florida, those fighting a residential foreclosure should be aware of the procedures often used by lawyers and judges that delay a foreclosure lawsuit from proceeding. Two of these procedures are called “stays” and “continuances.” Both are governed by the Florida Rules of Civil Procedure as well as local rules, state statutes, and court precedent. […]

Can You Collect Attorney Fees From a Bank Related To A Foreclosure?

| March 21, 2017

Residential foreclosures are still a problem for many home owners in Florida, particularly here in Broward County, Miami-Dade County, and Palm Beach County. To make matters worse, some banks are still committing wrongful acts during the foreclosure process which can result in the banks having to reimburse a homeowner their costs, including attorney’s fees, to […]

Bartram: Florida Supreme Court Decision on Foreclosure Lawsuit Deadlines

| November 15, 2016

If you are being sued for foreclosure here in Florida, or you suspect you may be facing foreclosure in your future, then you need to know about this month’s Bartram ruling by the Florida Supreme Court.     1.  Why is the Bartram Case so Important? Opinions issued by the supreme court are the law […]

Florida Foreclosure Appeals

| October 18, 2016

Florida is a “judicial foreclosure state.” Under our banking laws, when a bank seeks to exercise its right to obtain ownership of real property because of a breach of a mortgage, or a promissory note secured by a mortgage, it must file a lawsuit. This is true for any breach or default by the borrower […]

Florida Foreclosure Appeal on The Issue of Standing – Victory Against Bank of America

| September 6, 2016

We do not make a practice of sharing every foreclosure victory in a blog post. It is not our style. However, the recent publication of our appellate win against Bank of America merits some discussion today because the ruling on the issue of “Standing” may be helpful to others who are fighting against the foreclosure […]

Beware When Buying A Florida Foreclosure Or Distressed Property? Did Your Real Estate Agent Give You Advice?

| January 26, 2016

In Florida, foreclosures are still happening even though the official “foreclosure fraud crisis” has passed. (Read more about that in our free Foreclosure Fraud e-book, “The Non-Lawyer’s Guide to Foreclosure Fraud 2011.”) Today, there are still homes owned by people who are teetering at the edge of the foreclosure cliff. And, there are a large […]

Facing Foreclosure in Florida? Getting Deposition Testimony of the Bank Is Critical to Your Defense

| March 17, 2015

Here in South Florida, a healthy number of foreclosure lawsuits are still being filed every week causing lots of stress for home owners. Sadly, many of these home owners have thrown their hands up at trying to deal with their bank and have simply given up trying to save their home (including walking away); they […]

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