Florida Foreclosure Statute of Limitations

As we’ve discussed in earlier versions of this Florida foreclosure blog, the law on whether and when a lender can foreclose on the same property more than once is in flux.  The Florida Supreme Court is set to hear oral arguments in Bartram v. US Bank on October 7, 2015.  The court will decide whether […]

Bankruptcy Discrimination in Florida

It is axiomatic that the purpose of permitting Bankruptcy of all kinds is to allow the debtor a fresh start.  The United States Supreme Court has recognized that this goal benefits the public as well as the debtor because the debtor receives “a new opportunity in life and a clear field for future effort, unhampered […]

Karma Comes to Mortgage Relief Scams

Taking advantage of distressed homeowners is reprehensible.  Recently, one group running mortgage relief scams got a taste of what it feels like to lose money when the Southern District of Florida, a federal court, entered a judgment totally over $27 million against a group of entities accused of ripping off homeowners. Mortgage Reilef Scam Background […]

Condition Precedent Defenses in Foreclosure Actions: Raise Them or Lose them

Mortgages are contracts under which both the lender and the homeowner, borrower have obligations.  One of the homeowner’s obligations is to make their mortgage payments.  When homeowners are unable to meet this obligation, the lender typically begins foreclosure proceedings.  However, before filing the foreclosure action, the lender typically has contractual obligations, like giving notice of […]

Executory Contracts in Business Bankruptcy

Business Bankruptcy Business bankruptcy, typically filed under Chapter 11 of the bankruptcy code, present a host of unique issues.   One of those issues is what happens to executory contracts.  What is an executory contract? Even though it has a large statutory section dedicated to them, the Bankruptcy Code does not explicitly define what an executory […]

Mortgage Relief Act Extension

There have always been legal and practical options for those having difficulty making their mortgage payments.  However, during the housing crisis, legislators and agencies added additional options and programs designed to help struggling homeowners.  As the housing market and economy continue to recover, some of the relief programs and options are beginning to reach their […]

Breaking Down Chapter 7 Means Test

You’ve decided that you want to declare bankruptcy and that Chapter 7’s liquidation form would most benefit you.  Now what?  Now, you need to determine whether you are eligible to declare bankruptcy.  You may feel like there is no way to get out from under your debt, but bankruptcy laws may disagree.  To be eligible […]

Florida Tenant Rights in Foreclosure

The news can be tough to follow, from the violence in Maryland to the earthquake in Nepal. The good news unfortunately seems to get buried in small articles and clips.  However, it is there fore those who look.  The past few weeks have yielded good news for homeowners and tenants alike, in different forms. As […]