Blog
Blog
March 12, 2022 – The Role of The Lawyer
Sometimes the practice of law can get so busy that it can be healthy to step back for a moment and reflect on what it is that you are doing after all. Recently, I have been putting some thought into the role of the lawyer and what my responsibility is as an advocate.
...
February 12, 2022 – Bank Must Prove Amounts Due and Owing (To A Penny)
In foreclosure cases, don’t forget that the bank must not only prove a loan default and legal standing...
January 20, 2022 – Important Change to Florida’s Surplus Proceeds Law
If a purchase at a Florida foreclosure sale pays more than the judgment amount, there are surplus proceeds held by the Clerk of Court. There is a Florida law, Florida Statute 45.032, that governs how the surplus proceeds are to be disbursed. An important change has been...
November 25, 2021 – Is Your Mortgage Company Ignoring Your Loan Modification Paperwork?
Oftentimes when a homeowner is applying for a loan modification, the mortgage company (especially the big mortgage servicers) will lose the homeowner’s loan modification paperwork and will ask for the same documents over and over again.
This can be a very frustrati...
October 26, 2021 – Using Requests for Admission in Your Foreclosure Case
If you have been sued for mortgage foreclosure, don’t forget the importance of Requests for Admission.
Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney, demanding that the lender make certain admissions. Fo...
October 24, 2021 – A “Belt and Suspenders” Approach to Challenging the Bank’s Compliance with Conditions Precedent
In most cases when a bank is getting ready to file a foreclosure suit against a homeowner, the bank is require to fulfill what are called “conditions precedent,” which are actions the bank legally has to take before it files the action for foreclosure.
O...
October 10, 2021 – Does The Bank Really Have Legal Standing to Foreclose on My Loan Modification?
When a bank or mortgage company is trying to foreclose on a note that has been sold numerous times, their most common strategy is to add an endorsement on the note called an “endorsement in blank.”
For example, let’s say Bank ABC is your original lender and you...
October 9, 2021 – How Can The Bank Foreclose on a Loan Modification?
At our firm, we often see foreclosure cases where the lender is trying to foreclose after the borrower defaulted on a loan modification. What is required under Florida law for the lender to foreclose when the mortgage has been modified?
A few important things to know...
October 9, 2021 – The Practical Challenges of Perfecting An Appeal of A Foreclosure Judgment
One question I get a lot in our law practice is “If I lose the foreclosure case and I appeal, is the foreclosure sale automatically cancelled?”
Pursuing an appeal after suffering a foreclosure judgment can be challenging and complicated. The main reason is the fo...
October 4, 2021 – Don’t Forget About The Surplus!
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September 25, 2021 – The Reality of Mortgage Deficiency Actions in Florida
One of the common questions we get in our law practice is “If I agree to give up my property in foreclosure to the bank, do I still owe money on the mortgage?”
This, of course, is an excellent question and should top of mind for anyone considering settling a mort...
September 19, 2021 – When Will The Foreclosure Sale Be?
One question we get a lot in our practice is “If I get foreclosed on, how far out is the sale date?”
I will give you the legal answer first and then I will give you the practical answer.
Under Florida Statute 45.031(1)(a), the foreclosure sale cannot be less t...
September 16, 2021 – Your Right to Redeem a Foreclosure Judgment.
So what happens if a foreclosure judgment is entered against you and you find the necessary funds, whether through a loan or otherwise, to pay it off? Under Florida law
September 13, 2021 – Read the Pooling and Servicing Agreement!
In some foreclosure cases, the bank will try to use a big document called a pooling and servicing agreement (“PSA”) to prove standing to foreclose on the note and mortgage. These agreements are often hundreds of pages and can be difficult to understand.
If you ar...
September 12, 2021 – What is Lis Pendens?
When I sat for the Florida bar exam in February 2011, a gentleman sitting next to me piped up after the first session and asked “what the hell is a lis pendens? I wrote ‘action pending’ because I had no idea what that was.”
Turns out, he was right!
...
August, 27, 2021 – What Happens When The Bank Does Not Have The Original Note But Wants To Foreclose?
It is well-settled under Florida law that a foreclosing bank must be in possession of the original note at the time the foreclosure case is filed and at the time of the final hearing, whether that be a summary judgment hearing or a trial.
August 22, 2021 – Your Right to Request Your Original Note
In order for the bank to win a foreclosure case, the bank must be in possession of the original promissory note at the time the foreclosure case is filed and at the time of the final hearing. See
August 19, 2021 – Why Should I Hire A Foreclosure Defense Lawyer?
Many homeowners in foreclosure assume that they have limited rights against a foreclosure because they fell behind on their mortgage payments.
July 29, 2021 – What’s the Deal with Paragraph Twenty-Two?
Paragraph twenty-two is definitely the most infamous paragraph in all of foreclosure litigation. But why?
In most mortgages in Florida, paragraph twenty-two of the mortgage requires the lender to mail the homeowner a notice of default at least 30 calendar days before...
July 23, 2021 – Can I Recover My Attorney’s Fees If I Won My Foreclosure Case on Lack of Standing?
In the law, there is a principle called “standing.” What this means is that a Plaintiff (the party who files the suit) bears the burden of proving, as a threshold matter, that they have a sufficient stake in the outcome of the litigation to have legal standing to br...
July 23, 2021 – I Won My Foreclosure Case. Can I Recover My Attorney’s Fees?
The short answer is: most of the time, yes.
The little-...
July 17, 2021 – Authentic Marketing: Actions Speak Louder Than Words
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[et_pb_column type="4_4"][et_pb_text admin_label="Text"]On Monday, we go live with our firm’s first television ad. I have never had much desire to go up on tv with an ad. We have decided to piv...
July 4, 2021 – Lessons Learned From a Decade As a Lawyer
I recently celebrated my ten-year anniversary as a member of the Flo...
July 3, 2021 – A Balloon Full of Nightmares
We review a lot of mortgage loan documents in our law practice. One problem we see a lot is the infamous balloon.
July 1, 2021 – How Long Are Florida Judgments Good For?
At our law firm, we often receive questions ab...
June 30, 2021 – On Being A Litigator in Long-Term Recovery
When I ran for attorney general in the 2018 election, I came out publicly as someone in long-term addiction recovery.
I made that decision because I felt it important to do my small part to end the stigma that comes along with addiction. Ho...
June 26, 2021 – Don’t Forget Your Title Search
In our practice, we regularly have clients with liens against their properties that they were not even aware of. It could be a paid-off judgment where the creditor forgot to record the satisfaction of mortgage, among countless other possibilities.
A friend of mine sh...
June 22, 2021 – The Joys of Working As a Foreclosure Defense Lawyer
I have been working f...
June 18, 2021 – Using Your Arbitration Right To Your Benefit
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June 14, 2021 – Where To Go For Rent Assistance
Federal funds have been allocated to provide rent assistance to struggling tenants. The program is call...
