Category Archives: English

September 28, 2015

Foreclosure Notice of Sale – What are the Requirements?

After final judgment is entered, the court will usually set a sale date that may not be less than 20 days or more than 35 days after the date of judgment. However, a sale may be held more than 35 days after the date of final judgment if the plaintiff or plaintiff’s attorney agrees to […]

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August 15, 2015

Home Foreclosure and Active Duty Military

When you’re active duty military, you sacrifice a lot to serve your country. So it seems unfair that you could return home and discover that your lender has foreclosed because you fell behind in your mortgage payments. The federal Servicemember’s Civil Relief Act (SCRA) is designed to protect servicemembers from civil lawsuits while they’re on […]

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August 5, 2015

What Happens When the Bank Ignores a Foreclosure Case?

All too often, borrowers lose their homes to foreclosure because they wait too long to defend themselves. But a lender can also lose a foreclosure case by neglecting it. Judges don’t like to have inactive cases sitting around on their dockets. They expect progress toward trial. If a case sits around too long with no […]

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July 26, 2015

Summary Judgment and a Prisoner’s Right to Appear at the Hearing

In movies and TV, a court case always ends with a dramatic trial. A witness breaks down in tears and admits guilt. A startling new piece of evidence changes everything. Justice is served, and the courtroom erupts in cheers. Foreclosure cases don’t usually have these dramatic scenes. In fact, many foreclosure suits are resolved without […]

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July 16, 2015

Transferred Mortgages May Offer a Defense to Foreclosure

When you buy a home, you work hard to establish a relationship with a lender who will approve your loan. And then the lender breaks up with you. It takes your mortgage, bundles it with some others, and sells it. Pretty soon, you get a letter in the mail saying that some other company you […]

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February 3, 2015

Congress Extends Mortgage (Debt) Forgiveness Relief Act

Millions of Americans exhaled a collective sigh of relief when the Mortgage (Debt) Forgiveness Relief Act. The Act was extended for another year and applied retroactively from December 2013 through December 2014. The Mortgage Forgiveness Debt Relief Act provides a critical exemption to taxable income that banks attribute to borrowers after a successful foreclosure settlement […]

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July 21, 2014

U.S. v. Bartram Dashes Hopes of Florida Homeowners Fighting Foreclosure

A recent Florida appellate court ruling in U.S. v. Bartram spelled bad news for Florida homeowners fighting foreclosure hoping a state statute might prevent banks from continuing to pursue a foreclosure action past the five-year mark, per the statute of limitations indicated in Florida Statutes, § 95.11 (2) (c). This law indicates there is a […]

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July 14, 2014

Inadequate Notice of Default Cited in Series of Florida Foreclosure Dismissals

Appellate courts in Florida recently reversed a number of foreclosure actions on the grounds that the bank offered inadequate notice of default to borrowers, and thereby failed to provide them with adequate time to remedy the situation before proceeding with Florida foreclosure dismissals. Our Miami foreclosure attorneys know in recent years Florida courts have grown […]

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June 3, 2014

HAMP Denials – The Decision to Grant Modification Rests With Mortgagee

The 11th Circuit Court of Appeals in Florida recently issued a decision affirming the foreclosure in Bloch v. Wells Fargo Home Mortgage , where a couple sought to challenge the bank’s denial of the federal Home Affordable Modification Program. The problem with HAMP eligibility is that while the basic requirements are spelled out by the government, […]

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June 1, 2014

Fighting a Deficiency Judgment Following Florida Foreclosure

In the state of Florida, lenders have the right to pursue deficiency judgments against homeowners following foreclosures or short sales. That is, the bank can seek to recover the difference between the value of the original loan and the amount for which the property later sold at foreclosure auction or short sale. For some people, […]

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