Category Archives: Uncategorized

September 18, 2020

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September 18, 2020

Nicole Moskowitz of Neustein Law Group appears before the Florida Supreme Court to argue landmark Foreclosure case

WATCH Neustein Law Group fight for Homeowners before the Florida Supreme Court in landmark case Terri P. Page v. Deutsche Bank Trust Company Americas, etc., et al. SC19-1137

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December 17, 2014

Florida Homeowners and Investors Bracing for Next Huge Wave of Mortgage Foreclosures

Over $200 Billion in home equity lines of credit (second mortgages also known as HELOC’s) will be “celebrating” their ten-year anniversary over the next 4 years. This represents approximately 40% of all outstanding HELOC loans. These loans are problematic because most of them will require the borrowers to start paying down the principal on the […]

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June 10, 2014

Dismissal of Florida Foreclosures Cases for Lack of Prosecution No Longer as Easy

A Florida appellate court recently reversed a decision to dismiss a foreclosure action involving Deutsche Bank for lack of prosecution under Florida Rule of Civil Procedure 1.420. Miami foreclosure defense attorneys are not surprised, given the Florida Supreme Court’s 2006 re-examination of the term “record activity” in the case of Wilson v. Salamon. That is, […]

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June 7, 2014

Florida Appellate Court Sides With Homeowner for Insufficient Default Notice on Acceleration

Banks that seek to foreclose on a property must give homeowners proper notice of default before initiating and concluding the foreclosure process. In the recent case of Samaroo v. Wells Fargo Bank, the Fifth District Court of Appeal of Florida ruled that a bank failed to give a notice of default that complied with the mortgage […]

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May 7, 2014

Embattled Homeowners Must Come to Court Prepared

The worst thing a homeowner can do in a foreclosure case is nothing. The second-worst thing is coming to court unprepared. Borrowers can sometimes successfully challenge the validity of a foreclosure if they can prove that the bank didn’t properly record successive transfers of control of the loan. This was a widespread problem during the […]

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April 29, 2014

Court: Individual Can File Foreclosure Fraud Lawsuit for HAMP violations

In a decision that could impact future filings in other jurisdictions, the Minnesota Supreme Court has ruled that an individual has standing to bring a claim against a mortgage servicer for violations of the federal Home Affordable Modification Program. Earlier rulings in the case of Gretsch v. Vantium Capital, Inc. >held that the individual borrower […]

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April 16, 2014

Decision Stands! Neustein Law Group secures Final Judgment to Quiet Title in Broward County Foreclosure Case

In January 2014, the Neustein Law Group obtained a Final Judgment to cancel out the Promissory Note and Mortgage and successfully Quieting the Title on the property of an owner who was being sued in a foreclosure action in Broward County, FL.   In February, the Lender filed a Notice of Appeal. However, the Appeal was recently dismissed on April 1, […]

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April 3, 2014

The Foreclosure Process in Florida

In the State of Florida, the foreclosure process is just like it would be for any other lawsuit. Florida is a judicial process state. This means that the Bank is required to file a lawsuit. The process begins with the filing of a Lis Pendens and the filing of the Complaint of Foreclosure. The process […]

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March 26, 2014

Neustein Law Group wins Final Judgment on Quiet Title Action in Broward County as counterclaim to Foreclosure Action

IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA   CASE NO.: CACE12035126 SECTION: 11   VPH NPL JKC 57 TRUST,   Plaintiff,   vs. ALEX MANUEL DUENO, et al., Defendants     SUMMARY FINAL JUDGMENT FOR DEFENDANT, ALEX M. DUENO AND QUIETING TITLE AND CANCELLING NOTE     […]

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