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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 – 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...

October 4, 2021 – Don’t Forget About The Surplus!

Under Florida Statute § 45.032, if a home in foreclosure sells at the foreclosure auction for more than the judgment amount, there should be surplus funds held by the Clerk of Court. So when this happens, who is entitled to that money? The answer: junior lienholders...

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...