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 Foreclosure Defense: Another Home Owner Victory Against Bank Foreclosure Action – Where’s the Media Coverage? Florida Foreclosure Defense Victories Happen, But They May Not Make the News

| July 9, 2013

Judge Howard Harrison is one of the Senior Judges on the 15th Judicial District of Florida, described as those judges who “… are used for lengthy trials or special category cases; educational, professional or personal absence of a presiding judge; vacancies; and cases requiring out-of-circuit judges.” 2010 Ruling: Bank Affidavit Fails Test for Foreclosure Summary […]

Florida Deficiency Foreclosure Claims: Banks Now Have One Year Statute of Limitations Deadline to Pursue the Deficiency

| June 18, 2013

Last Update: 08/01/16 In Florida, when the mortgage balance is more than the sales price of a home in foreclosure, there is a “deficiency” – stated another way – the deficiency is the amount due the lender when the sale proceeds in a short sale are not enough to pay the loan balance. That “deficiency” […]

HAMP Trial Period Plan Lawsuits: Borrowers Sue Banks for Failing to Do the Right Thing in TPP Loan Modification as Lenders Fail To Follow HAMP Requirements

| April 30, 2013

Florida homeowners, and borrowers across the country, are no longer considering HAMP (Home Affordable Modification Program) to be the big success that it was touted to be by the Treasury Department when it debuted back in 2009.  HAMP, as you may recall, was a part of the MakingHomeAffordable program which describes itself as: The Making […]

FHFA Cracks Down on Force Placed Insurance: Finally, Florida Home Owners Have Federal Support Against Scandalous Force-Place Insurance Policies

| March 26, 2013

Yesterday, Acting Director of the Federal Housing Finance Agency Edward DeMarco released news from FHFA that is great news for many financially-strapped Florida home owners who are fighting foreclosure:  finally, federal action is doing something about the force-place insurance mess. FHFA Announces Federal Action to Halt Abuse of Home Owners Through Lender Placed Insurance Coverage […]

Florida Short Sales Target of Federal and State Legislation: New Proposed Laws to Help Florida Home Owners Trying to Short Sell Their Home

| February 28, 2013

Florida home owners fighting foreclosure, and foreclosure defense attorneys, and Florida lawyers helping with short sales for that matter, may need a bit of good news after dealing with the ramifications of the Florida Supreme Court’s decision in Pino v. Bank of New York this month – and we’re getting some from lawmakers in Tallahassee […]

Palm Beach Administrative Order Brings Rocket Docket Back to South Florida Foreclosures: What Does This Mean, Good and Bad, to South Florida Home Owners?

| February 26, 2013

Last week, an Administrative Order was issued by the Chief Judge for the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida that will have a huge impact on Florida home owners and South Florida borrowers dealing with foreclosure issues.  (Read the Order here.) Why the Palm Beach County Administrative […]

Florida Supreme Court Rules Against Florida Home Owners in Pino v. Bank of New York: Bad Day for Florida Foreclosure Defense, Great Day for Fraudulent Filing Banks

| February 21, 2013

The Florida Supreme Court has ruled against Florida homeowners –  and for the foreclosing banks –  in Roman Pino v. the Bank of New York.  The opinion came down on February 7, 2013, and you can read the entire thing online at Google Scholar.   Pino Caught the Bank Filing Fraudulent Assignment of Mortgage and […]

Florida Judicial System Needed for Fairness in Florida Housing Crisis: Bad Acts Demonstrate Need for Courts, Not Reason to Throw Out Established Florida Legal Standards

| February 5, 2013

Yesterday, Florida’s foreclosure situation hit the national news again, as NPR picked up WUSF reporter Robin Sussingham’s story, “Foreclosure Process Hammers Florida’s Housing Market,” where the impact of Florida’s judical process – and our state’s judicial foreclosure system – is considered as a contributing factor to Florida having the highest foreclosure rate in the nation, […]

Florida Served With Foreclosure Papers: Florida is No. 1 in USA for Foreclosure Filings in 2012, Will You Be Served with a Florida Foreclosure in 2013?

| January 17, 2013

This morning, RealtyTrac issued its Year-End 2012 U.S. Foreclosure Market Report and, in what is no surprise to most Florida foreclosure defense lawyers particularly those dealing with foreclosures in the Miami-Dade and Broward County areas, Florida broke the record in the RealtyTrac Foreclosure Market Report as Florida was first in the nation for foreclosure filings […]