by torrenslawgroup | Mar 14, 2022 | 2022, Attorney, Blog, Florida, Florida Judgments, Journeys of an attorney, National Association of Consumer Advocates ("NACA"), Real Estate Foreclosure Defense Attorney, Reflections of an attorney
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....
by torrenslawgroup | Feb 12, 2022 | 2022, Attorney, Best to retain counsel, Blog, Do you have a "Suit Pending"?, Don’t forget to utilize all of the tools available to you through the litigation process., Florida, Foreclosure Defense against the bank, Foreclosures:, Helpful Information, Helpful Information, in mortgage foreclosure, Keep an Eye on Your Mortgage Statements, Knowledge is power, Lawsuit, Legal:, Lis Pendens, Mortgages:, Protect yourself by being informed - Helpful links, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The Bank Must Be in Possession of Original Promissory Note at the time the foreclosure case is filed., The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?, Written Payoff Statement Request, You have a right to an accurate accounting of your mortgage account
In foreclosure cases, don’t forget that the bank must not only prove a loan default and legal standing to foreclose, but must also prove the amounts due and owing to be entitled to a judgment of foreclosure. Keep in mind that if you are going to challenge the amounts...
by torrenslawgroup | Jan 21, 2022 | 2022, Blog, Check the Surplus, Check with the Clerk of Courts 10 days after the sale of the home, Florida Judgments, There has been a change in the process of claiming Surplus claims, update to the process of claiming surplus funds, What happens to the surplus funds after your home is sold at auction?
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...
by torrenslawgroup | Nov 29, 2021 | "RESPA", 2021, Attorney, Blog, Defend you in court, Even if you work with the bank for a loan modification, Florida, Foreclosure Defense against the bank, Helpful Information, Keep Written Documentation, Lawsuit, Lessons Learned As A Lititgation Attorney, Loan Modification, Mortgages:, Real Estate Foreclosure Defense Attorney, Real Estate Settlement Procedures Act, Reasons to hire a foreclosure defense lawyer, Sample Notice of error, Suffered Financial Hardship, The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?, You can mail a Notice of Error to your servicer
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 frustrating...
by torrenslawgroup | Oct 26, 2021 | 2021, Blog, Don't forget the the importance of Request for Admissions in your foreclosure case., Don’t forget to utilize all of the tools available to you through the litigation process., Florida, Florida Judgments, Foreclosure Defense against the bank, Foreclosures:, in mortgage foreclosure, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The Bank Must Be in Possession of Original Promissory Note at the time the foreclosure case is filed., The bank will have its lawyers, Under Florida Rule of Civil Procedure 1.370, you can send Requests for Admission to the lender’s attorney
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. For...
by torrenslawgroup | Oct 24, 2021 | 2021, Blog, Federal Programs, Federally Backed Loans, FHA Face-to-face meeting to discuss resolution of the mortgage account., FHA Loans, Florida, Foreclosure Defense against the bank
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. One of the most...