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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 mortgage...

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...

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! When a homeowner is...

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. See Winchel v. PennyMac Corp...

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 Winchel v. PennyMac Corp. (Fla. 2d DCA 2017). The original note should...