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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 your loan...

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...

September 26, 2021 – What Is Your Mountaintop?

I was taking some time today to think and reflect and I was thinking about British fiction author Neil Gaiman’s commencement address he gave in 2012 at Philadelphia’s University of the Arts. In his fantastic, inspiring speech, Gaiman speaks about his journey to the...

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 mortgage...

September 19, 2021 – On Visiting New York City’s Fountain Pen Hospital

Most would not know this, but every post I write for this blog is handwritten with a fountain pen. As someone with ADHD, I like to write by hand because it allows me to write without the distractions of the computer (i.e. “let me check e-mail real quick!”) I have also...

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 than 20...