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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 – On Visiting New York City’s Fountain Pen Hospital

Most would not know this, but every post I write for this blog is handwritten with a fountain pen. As someone with ADHD, I like to write by hand because it allows me to write without the distractions of the computer (i.e. “let me check e-mail real quick!”) I have also...

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...