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 […]

Florida Foreclosures : The Good News

This week’s blog will highlight some positive news stories regarding Florida foreclosures and real estate. The Market is Recovering Overall, Florida’s housing market continues on its trends towards recovery. It is still a slow process and some victories are small ones, like Florida no longer holding the largest inventory of homes in the foreclosure process (it […]

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.  […]

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 […]

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 […]

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 […]