Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | April 18, 2017
In Florida, when a lender files a foreclosure lawsuit, the lender must prove that a homeowner has breached his or her obligations under the note and/or mortgage. In turn, a homeowner has the right to raise defenses that defeat or otherwise mitigate the claims made by the lender. One such foreclosure defense is payment. The […]
Larry Tolchinsky | 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. […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | October 18, 2016
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 breach or default by the borrower […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
Larry Tolchinsky | 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 […]
