Constructive Notice in a Florida Foreclosure – Archer v. US Bank

| August 8, 2017

Unfortunately in Florida, foreclosure lawsuits still fill the civil trial dockets and some homeowners are still fighting some of the same foreclosure issues that has plagued our real estate industry for years.  Fortunately, the appellate court has been helping homeowners with some of these issues by finding the banks have gone too far. Read: Florida […]

2 Cases of Banks Failing to Honor Mortgage Modifications in Florida

| July 25, 2017

Homeowners have been successful in enforcing mortgage modifications against foreclosing banks in Florida. Mortgages are Contracts Home mortgages, just like any other contract, can be changed (or modified) by the parties to the agreement.  Over the last several years, banks have provided countless homeowners the opportunity to save their homes by offering mortgage modifications that […]

Ocwen Filing Bad Foreclosure Lawsuits: Is Ocwen Servicing Your Mortgage?

| June 13, 2017

Ocwen is being accused of overcharging borrowers and is being sued (again) by regulators. Based in West Palm Beach, Ocwen promotes itself as “one of the leading mortgage servicing companies in America.” That’s not an exaggeration: Ocwen services a lot of mortgages here in Florida. However, lawsuits filed against the company are on the rise, alleging […]

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. […]

Conditions a Bank Must Satisfy Before Filing a Foreclosure in Florida

| February 21, 2017

If a bank intends to file a foreclosure, there are steps (or conditions) the bank must take prior to filing a lawsuit. Some of these conditions are set forth in federal and state law and others can be contained within the mortgage itself. Generally speaking, banks must closely adhere to these conditions. Otherwise, the bank is vulnerable […]

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 […]

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