by torrenslawgroup | Aug 4, 2022 | 2022, Attorney, Avoidance creates "Drop Service", Defend you in court, Do not avoid process servers, Do Not Be Fooled, Florida, Florida Real Estate, Foreclosure, Foreclosure Defense against the bank, Foreclosures:, Helpful Information, Keep an Eye on Your Mortgage Statements, Legal:, Lis Pendens, Mortgages:, Newsletter, Process Services, Protect yourself by being informed - Helpful links, Real Estate Foreclosure Attorney, Request For Inspection of Original Note, 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 Law, What is Lis Pendens?, What is the Florida rule for civil procedure?, Why should I hire a foreclosure defense lawyer?, Written Payoff Statement Request, You can mail a Notice of Error to your servicer, You have 5 days after service to file a response with the court, You have a right to an accurate accounting of your mortgage account
Good Morning! I hope your week is coming along well. I wasn’t able to send out a newsletter on Sunday, so I wanted to try to get one out early part of this week. For today’s newsletter, I will show how to insist that your lender produce the original...
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 | 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 10, 2021 | 2021, are you going to persue an appeal on your foreclosure case?, Attorney, Best to retain counsel, Blog, Even if you work with the bank for a loan modification, Florida, Foreclosure Defense against the bank, Foreclosures:, If I lose the foreclosure case and I appeal, in mortgage foreclosure, is the foreclosure sale automatically cancelled?, Lawsuit, 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?, you have 20 calendar days to file response with the clerk of court
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...
by torrenslawgroup | Sep 13, 2021 | 2021, Attorney, Blog, Do you have a "Suit Pending"?, Foreclosure Defense against the bank, Keep Written Documentation, Mortgages:, Pooling and Servicing Agreement!, PSA, 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 some foreclosure cases, the bank will try to use a big document called a pooling and servicing agreement (“PSA”) to prove standing to foreclose on the note and mortgage. These agreements are often hundreds of pages and can be difficult to understand. If you are...
by torrenslawgroup | Aug 30, 2021 | 2021, Are You Behind On Your Mortgage Payments?, Attorney, Blog, Florida, 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, Why should I hire a foreclosure defense lawyer?, you should too
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...
