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 […]

New Conflict in Florida Foreclosure Law Related to Banks Ability to File a New Lawsuit After It’s First Case is Dismissed: Good News for Borrowers?

| December 23, 2014

From a legal perspective, Florida is divided into regions or “districts” that have mid-level review courts (appeals courts) set up to oversee and review the decisions and determinations of lower trial courts. The Florida Supreme Court sits as the highest court in the state, and its job is to oversee these reviewing courts in the […]

Florida Foreclosures – What’s Happening Now?

| December 18, 2014

December 2014 update on what we are seeing now with Florida foreclosures and related issues – 1. Foreclosure filings have remained steady in the last few weeks – this observation is based upon the number of calls we are receiving and on the number of lis pendens being filed, per week, in Broward County Public […]

I Received an IRS Form 1099: Can The Bank Still Try and Collect on the Florida Deficiency Judgment?

| July 1, 2014

Here in Florida, more and more deficiency judgment collection efforts are being pursued by lenders and debt collectors, even though the associated foreclosure or short sale happened several years back. And, to make matters worse, and confusing, Florida borrowers have been receiving 1099s (a/k/a IRS Form 1099) from their lender related to their deficiency. What […]

Did You Get A Letter From A Debt Collector For A Florida Mortgage Deficiency Related to a Foreclosure Or Short Sale?

| June 3, 2014

What happens when you get a letter from a debt collector — like Dyck O’Neal — related a deficiency from a foreclosure or short sale of a Florida home? WARNING FROM US: First things first, please be aware that you should be on alert if you receive one of these debt collection letters: it is […]

Can a Florida Bank File a New Foreclose Lawsuit 5 Years After Your Case Was Dismissed? When is a Florida Bank Foreclosure Lawsuit Barred by the Statute of Limitations?

| April 29, 2014

Last Update: 03/16/16 Last Friday, the case of U.S. Bank National Association vs. Patricia J. Bartram, et al was decided by the Florida Fifth District Court of Appeals, and it’s potentially very bad news for all the Florida homeowners who were hoping to fight their Florida foreclosure with an argument about the bank missing its […]

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 […]

July 2014 Deadline for Older Foreclosure Deficiency Judgments – Small South Florida Banks and Credit Unions Increasingly Aggressive on Deficiency Collection Efforts

| December 10, 2013

According to the new Florida Fair Foreclosure legislation, the deadline for a bank to sue a defaulting home owner for the amount left on a mortgage after a foreclosure (the deficiency) was changed from 5 years to 1 year, regardless of when the cause of action accrued. (See our earlier post for details.) Before this […]

Florida Foreclosure Backlog – Still Lots of Problems With Florida Foreclosures as Florida AG Reminds Florida Courts to Protect Florida Homeowner Rights in Foreclosure Proceedings

| September 19, 2013

Last Update: 02/24/16 All experienced Florida foreclosure defense lawyers know that the national Foreclosure Mortgage Settlement Agreement contains a provision that mandates that lenders not go forward with a foreclosure if there is an alternative in the works for that home loan (for example, a loan modification or short sale is being negotiated). You may […]

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