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Blog Posts in January, 2016

Competing Liens

Mortgage foreclosure actions are equitable in nature. See § 702.01, Fla. Stat. U.S. Bank Nat. Ass'n v. Farhood, 153 So. 3d 955, 958 (Fla. 1st DCA. 2014). However, the “long-enduring ...
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Who Can Foreclose?

There used to be a time when you borrowed money from a bank for a mortgage, you made your mortgage payment to that bank. Eventually, the banks decided to bundle and sell off your mortgage to other ...
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Examining the Witness

We’ve all seen in on TV and in the movies – the lawyer approaches the witness on the stand, drills them with questions, and eventually, the witness breaks down and admits that everything ...
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Judicial Admissions

An essential part of most lawsuits is the discovery conducted by the parties. One type of discovery commonly used is called a Request for Admission. Under the Florida Rules of Civil Procedure 1.370, ...
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Coordinating With Your Opposing Counsel Is Not Only the Right Thing to Do, But it is also a Powerful Tool.

In the very least, it is well established that “a basic element of procedural due process is notice and an opportunity to be heard. Jade Winds Ass'n, Inc. v. Citibank, N.A. , 63 So. 3d 819, ...
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Is a Bond Required? That Is The Question

In civil law matters the purpose of a bond is to secure the prevailing party against the risk that the judgment debtor will be unable to meet the obligations pending appeal and to protect the ...
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Court Finds RFI Response Insufficient

On October 14, 2015, in Saint-Fleur v. JP Morgan Chase Bank, N.A. , Southern District of Florida Judge William P. Dimitrouleas issued an order denying the defendant’s Motion to Dismiss in part ...
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Like a Video Game...the FDCPA Has An Expansion Pack

A few weeks ago, the Sixth Circuit Court of Appeals in Anarion Investments, LLC v. Carrington Mortg. Servs., LLC, Nos. 14-5781/5993 (6th Cir. 2015) brought to life a whole new meaning to the term ...
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Small Details Winning the Big Picture

I am always happy when I can say that we won another case. Many of our clients are being pursued by debt buyers, companies that buy old debts and then try to sue to collect them. Most of the debts are ...
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Pattern or Practice of Noncompliance

Pursuant to Section 2605(f) of the Real Estate Settlement Procedures Act, individuals have a private right of action against loan servicers for violations of Section 2605. A loan servicer that is in ...
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