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October 10, 2021 – Does The Bank Really Have Legal Standing to Foreclose on My Loan Modification?

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...

October 9, 2021 – How Can The Bank Foreclose on a Loan Modification?

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:...

September 25, 2021 – The Reality of Mortgage Deficiency Actions in Florida

One of the common questions we get in our law practice is “If I agree to give up my property in foreclosure to the bank, do I still owe money on the mortgage?” This, of course, is an excellent question and should top of mind for anyone considering settling a mortgage...

September 19, 2021 – When Will The Foreclosure Sale Be?

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...

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...