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 | 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 11, 2021 | 2021, Attorney, Blog, Florida Judgments, Foreclosure Defense against the bank, Foreclosures:, Lawsuit, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The bank will have its lawyers, Uniform Commercial Code allows foreclosure on loan modifications, Why should I hire a foreclosure defense lawyer?, you should too
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...
by torrenslawgroup | Oct 10, 2021 | Are You Behind On Your Mortgage Payments?, Blog, Foreclosure, Foreclosure Defense against the bank, Foreclosures:, in mortgage foreclosure, is the foreclosure sale automatically cancelled?, Lis Pendens, Loan Modification, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?
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:...
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 | Oct 4, 2021 | Attorney, Blog, Check the Surplus, Check with the Clerk of Courts 10 days after the sale of the home, Florida, Florida Judgments, Foreclosures:, in mortgage foreclosure, Real Estate Foreclosure Defense Attorney, What happens to the surplus funds after your home is sold at auction?, Why should I hire a foreclosure defense lawyer?
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...
