Can A Bank Lose The Right To Collect Taxes And Insurance From A Homeowner?

| October 17, 2017

In Florida, banks are governed by federal regulation as well as state law. This means that any Florida homeowner involved in a controversy with their mortgage lender needs to understand their rights and protections provided both by Washington, D.C. and Tallahassee. One issue that is often a source of friction between a homeowner and his […]

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 […]

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 […]

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 […]

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 […]

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 […]

Lost Notes in Florida Foreclosure Cases: Banks Must Prove Their Case With Valid Legal Documents

| April 1, 2014

Last Update: 03/16/16 Lost Note and Your Foreclosure Defense: How Can The Bank Foreclosure If They Cannot Find the Original Promissory Note? Even though the dust has settled here in Florida from all of the Foreclosure Fraud, and the mortgage fraud settlement is completed, there’s still a lot of foreclosure victims out there; we’re still […]

Florida Families After a Foreclosure: What Happens to Florida Households Post-Foreclosure? Good News as Foreclosures Don’t Block New Home Mortgages

| February 4, 2014

The impact of a foreclosure upon a family and its financial future has been the subject of many studies over the last several years, particularly after the recent Housing Crisis hit the United States. (For example, read the 2011 study by a Federal Reserve economist about “The Post-Foreclosure Experience of US Households.”) The logical thing […]

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