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.     1.  Why is the Bartram Case so Important? Opinions issued by the supreme court are the law in our state.  They are […]

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 […]

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