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. For...

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...

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...