I often meet with individuals who are shocked because they recently found out that a lawsuit had been filed against them months or even years earlier. They came to find out about the action after the plaintiff obtained a final judgment and was attempting to collect on the judgment. There…
Category: Foreclosure Defense
Many people, including Lawyers and Judges, discuss “paragraph 22” as a defense. This is a condition precedent to foreclose in the State of Florida, where the Bank is required to send the homeowners a notice of default prior to filing a foreclosure case. In the Home Owners Association (HOA) context,…
A recent U.S. Foreclosure Market Data report published and released by ATTOM Data Solutions indicates that foreclosure activity in the United States for April 2017 was the lowest in the country since November 2005. Foreclosure filings declined 7% from March 2017 and dropped 23% from last April. A foreclosure filing…
On April 20, 2017, the CFPB sued one of the country’s largest non-bank mortgage loan servicers, Ocwen Financial Corporation (simply referred to as “Ocwen”)[1], and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” See CFPB v. Ocwen, 17-cv-80495-KAM (S.D. Fl. 2017) at ECF 1. The Bureau…
ecently, I had the pleasure of assisting one of our clients by overturning a final judgment entered against her. Unfortunately, we had to take her case to the Appellate Court, but thankfully, the bank confessed it was an error to have judgment entered against our client and agreed to reverse…
Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (“demand letter”) to the homeowner. Most mortgages require this and consider this requirement a condition precedent to a foreclosure suit. The commonly used phrase in…
If someone asked you where you live, I bet your typical response would be the name of the city or state where your home is located. If you had to be more specific, you might even give them your street address. But what if you had to be even more…
Many homeowners who are facing a foreclosure ultimately want to do whatever is necessary to retain their home. Their home is more than just a place to sleep – it’s where their kids grew up, it’s where they first lived when they came to America, and it’s where they would…
With the majority of standard mortgages, the total monthly mortgage payment typically includes payment for what is generally referred to in the mortgage industry as “PITI,” or principal, interest, taxes, and insurance. The principal is the amount that the lender actually loaned you when it gave you the mortgage loan….
