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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...

August 22, 2021 – So You’ve Been Sued. Don’t Forget Your Answer!

Good Evening:  I hope this newsletter finds you and your family doing well.  For this newsletter, I will focus on the importance of filing a written response to a lawsuit. This topic is timely given the forthcoming expected wave of eviction and foreclosure suits. When...

August 19, 2021 – Why Should I Hire A Foreclosure Defense Lawyer?

Many homeowners in foreclosure assume that they have limited rights against a foreclosure because they fell behind on their mortgage payments. While the courts have undoubtedly made it more challenging to defend foreclosure cases, there remain many benefits to hiring...