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 | Sep 26, 2021 | 2021, Blog, Cash for Keys, Florida, Foreclosure, Foreclosure Defense against the bank, in mortgage foreclosure, Legal:, Mortgages:, Real Estate Foreclosure Attorney, Real Estate Foreclosure Defense Attorney, Reasons to hire a foreclosure defense lawyer, Short Sale option, Waiver of Dificiency
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...
by torrenslawgroup | Sep 19, 2021 | #KnowBeforeYouClose, 2021, A copy of the appraisal or valuation must be provided to you at least 3 days prior to closing., Avoid Mortgage with a Balloon, Closing Disclosures, Do Not Be Fooled, Federally Backed Loans, Financing:, Florida, Florida Real Estate, Florida Title Search, Foreclosure Defense against the bank, Home Appraisal, Keep an Eye on Your Credit, Know Before You Close, Mortgages:, Newsletter, Pooling and Servicing Agreement!, Real Estate Foreclosure Attorney, Real Estate Foreclosure Defense Attorney, TILA, Title and Closing, Torrens Title, Truth in Lending Act, You have a right to an accurate accounting of your mortgage account, Your Right to a copy of your home appraisal
Good Morning! I hope this newsletter finds you doing well. For today’s newsletter, I will focus on a few important things you should know before you close on your next (or especially, your first) Florida real estate transaction. Not Understanding Legal Documents...
by torrenslawgroup | Sep 13, 2021 | 2021, A copy of the appraisal or valuation must be provided to you at least 3 days prior to closing., Closing Disclosures, Financing:, Florida, Florida Real Estate, Foreclosure Defense against the bank, Home Appraisal, Inc., Know Before You Close, Know your options, Mortgages:, New Homes, Newsletter, TILA, Title and Closing, Torrens Title, TRID, Truth in Lending Act, Try To Resolve the Matter Before It's Too Late, You have a right to an accurate accounting of your mortgage account
Good Evening: I hope this newsletter finds you and your family doing well. If you are buying a home and taking out a loan to do so, you are entitled to a five-page document called a closing disclosure at least three business days before your closing. The closing...
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...
