The Evidence Foreclosure Defense

The housing crisis brought it a lot of foreclosure filings. These foreclosure findings revealed and continue to reveal a lot of misconduct and mistakes on the lending side. A lot of the misconduct related to the systemization of the processing and servicing of the loans where the emphasis was on more loans and higher value […]

Deficiency Judgment: You May Owe More than Your Home

If you’re like most people, when you hear the word foreclosure you think of the loss of a home.  But when a foreclosure action is instituted against borrowers who own an underwater home, there’s also a risk that the borrower’s could lose their home and be subject to a judgment against them for money owed […]

Oral Arguments Commence Regarding Foreclosure Statute of Limitations in Florida

Foreclosure Statute of Limitations in Florida Oral arguments in a case we’ve been following for over a year, Bartram v. US Bank, regarding the foreclosure statute of limitations in Florida, were heard by the Florida Supreme Court last week.  The core issue the Court is evaluating is whether the five year foreclosure statute of limitations in Florida bars […]

Florida Foreclosures Highlighted in New Report

It’s no secret that Florida was hit hard by the foreclosure crisis and has faced a long, slow recovery.  The good news is Florida is recovering.  More news stories focus on the improvement in Florida’s foreclosure rates and the decreases in the number of zombie foreclosures (those properties in the foreclosure process that aren’t yet […]

The Danger Zone: High Risk Mortgages

Buying a home is a big milestone, whether it’s a first home, fifth home, or investment home.  Its also a big legal undertaking filled with long, in-depth contracts full of legalese that can be confusing and its easy to get caught up in the excitement, ignore the portions that are difficult to understand, and proceed.  […]

Reverse Mortgage Foreclosure Gets Reversed by Florida Court

Reverse Mortgages, also called “home equity conversion mortgages” or “HECMs” allow older homeowners to obtain monthly payments from a lender based on the equity in their home.  The homeowners don’t have to pay any payments on this loan until they move or pass away.  Reverse mortgages are heavily promoted and utilized in Florida.  In late […]

Negative Ruling for Paragraph 22 Defense

The so-called “Paragraph 22” defense to foreclosure has been the subject of prior blogs and we have yet another update on the defense out of Florida’s 2nd District Court of Appeal (“DCA”).  As a refresher, the defense is rooted in Paragraph 22 of the standard mortgage agreement, which provides a number of requirements that lenders […]

How do Foreclosure Proceedings in Florida Work?

The foreclosure crisis that began in 2008 and is slowly subsiding has been a hot topic for years now, particularly, here in Florida where the number of foreclosures continues to beat the national averages.  Yet, the average understanding is that when you don’t pay you mortgage, the bank comes and takes your home.  And while […]

Supreme Court Disappoints Lien Stripping Homeowners

At the beginning of this term, there was hope that the United States Supreme Court would issue an opinion in Bank of America v. Caulkett that would provide homeowners with the opportunity for lien stripping second mortgages  during bankruptcy.  Earlier this month, the Court issued its ruling and opinion and those hopes were crushed.  Lien […]

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 […]