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 | Sep 19, 2021 | 2021, Attorney, Blog, Do you have a "Suit Pending"?, Florida, Florida Judgments, Foreclosures:, in mortgage foreclosure, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, Redemption before foreclosure sale., Try To Resolve the Matter Before It's Too Late, Why should I hire a foreclosure defense lawyer?, you should too
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...
by torrenslawgroup | Sep 16, 2021 | 2021, Attorney, Blog, Florida, Florida Judgments, Florida Real Estate, Foreclosure Defense against the bank, Foreclosures:, Helpful Information, Real Estate Foreclosure Defense Attorney, Redemption before foreclosure sale., The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?, you should too
So what happens if a foreclosure judgment is entered against you and you find the necessary funds, whether through a loan or otherwise, to pay it off? Under Florida law (Fla. Stat. 45.0315), you have the right to pay off the judgment and save your property by paying...
by torrenslawgroup | Sep 12, 2021 | 2021, Blog, Do you have a "Suit Pending"?, Florida, Florida Judgments, Florida Real Estate, Florida Title Search, Foreclosure, Foreclosure Defense against the bank, Lis Pendens, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, Title and Closing, What is Lis Pendens?, What is the Florida rule for civil procedure?, Why should I hire a foreclosure defense lawyer?, you should too
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...
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...
by torrenslawgroup | Aug 19, 2021 | Are You Behind On Your Mortgage Payments?, Attorney, Blog, deed-in-lieu of foreclosure, Defend you in court, Florida, Foreclosure, Foreclosure Defense against the bank, Foreclosures:, in mortgage foreclosure, Know your options, Loan Modification, Mortgages:, Peace of mind, Real Estate Foreclosure Attorney, Reasons to hire a foreclosure defense lawyer, Short Sale option, The bank will have its lawyers, Why should I hire a foreclosure defense lawyer?, you should too
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...
