by Larry Tolchinsky | Florida Foreclosures, Foreclosure Appeal, Foreclosure Defense, Wrongful Foreclosure
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... by Larry Tolchinsky | Florida Foreclosures, Florida Law, Foreclosure Appeal, Foreclosure Defense, Foreclosure Fraud
Last Update: 8/17/18 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... by Larry Tolchinsky | Debt Collection - Mortgages, Florida Foreclosures, Florida Real Estate, Foreclosure Defense, Foreclosure Fraud, Foreclosure Rescue, Real Estate Agents, Realtor Disputes
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... by Larry Tolchinsky | Florida Foreclosures, Foreclosure Defense, Wrongful Foreclosure
Last Update: 10/20/20 Here in South Florida, a healthy number of foreclosure lawsuits are still being filed every week causing lots of stress for homeowners. Sadly, many of these homeowners have simply given up trying to fight the lender/servicer and mount any type of... by Larry Tolchinsky | Deficiency Judgments, Florida Foreclosures, Foreclosure Defense
Last week, before President Obama left the White House for his family holiday in Hawaii, he signed into law the Tax Increase Prevention Act of 2014. This is now the law of the land, just in time for the end of 2014, and shockingly, it passed both the House and Senate... by Larry Tolchinsky | Deficiency Judgments, Florida Foreclosures, Foreclosure Defense
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...