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 […]

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

| April 1, 2014

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 seeing people who […]

Comparing RealtyTrac and CoreLogic Foreclosure Reports for Florida: How Bad Is It in South Florida and Miami Today?

| December 24, 2013

The RealtyTrac® U.S. Foreclosure Market Report™ for October 2013 and the CoreLogic October National Foreclosure Report have been released to the public with some interesting insights about the real estate market today.  What can they tell homeowners and real estate investors about South Florida real estate and our Florida foreclosure bust? The Florida Foreclosure Numbers […]

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

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 recall, that the […]