You’ve probably heard the phrase “power of attorney” before. Some of you may even have a power of attorney, to help take care of a friend or loved one. A power of attorney can do many things, but in the simplest form, it is the authorization to represent another concerning…
Category: Foreclosure Defense
In Florida, the final judgment in a foreclosure case is the written determination by the presiding judge of whether the plaintiff will be able to sell the house at a foreclosure auction, amongst other things. It contains a final determination of the issues in the case. Unless it’s appealed, the…
Recently, I have been reading a number of opinions throughout the 11th Circuit, and Southern District of Florida, which bear the names of uniquely Haitian families. In each of the cases the borrower Plaintiffs did not succeed on their claims under the Real Estate Settlement Procedures Act (RESPA), and in…
Oftentimes, third-party purchasers seek representation in a foreclosure case. This normally occurs when a homeowner’s association foreclosed on a subordinate lien, the property goes to auction, and the property is sold to a third-party purchaser. Subsequent to the sale, the Bank files a foreclosure action against the borrowers on the…
Unlike a standard mortgage where the borrowing homeowner must repay the mortgage loan by making monthly mortgage payments to the lender, the lender of a reverse mortgage actually pays the borrowing homeowner by extending a line of credit. The purpose behind a reverse mortgage is to allow the borrowing homeowner…
Based on a simple reading of Fla. Stat. § 95.11, one might think that a foreclosure action must be brought within five years of default. However, after the holding of the Supreme Court of Florida in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), this apparently is not…
ATTOM Data Solutions manages one of the largest property databases in the country. In January of 2017, it released its Year-End 2016 U.S. Foreclosure Market Report indicating the number of foreclosure filings in the United States. The information in ATTOM’s annual report is based on publicly recorded and published foreclosure…
In January of 2017, ATTOM Data Solutions, which manages one of the largest property databases in the country, released its Year-End 2016 U.S. Foreclosure Market Report tracking the number of foreclosure filings in the United States. The information in ATTOM’s annual report is based on publicly recorded and published foreclosure…
For homeowners that fall behind on mortgage payments and are nearing default of their mortgage loan, the possibility of foreclosure by the mortgagee-lender looms mightily. In Florida, foreclosure is accomplished by the initiation of a judicial proceeding to recover the collateral secured by the mortgage. Typically, the end result of…
