Category Archives: Real Estate Disputes

REAL ESTATE: LAND USE LAW

Every city and county in Florida is required to adopt a comprehensive plan that provides “the principles, guidelines, standards, and strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area that reflects community commitments to implement the plan.” Section 163.3177(1), Florida Statutes.

REAL ESTATE: OCWEN CLASS ACTION IN FLORIDA

Ocwen has been one of the biggest offenders what comes to servicing mortgages. It is time to fight back.

Foreclosure Lawyer

Harrington Recognized by Thompson Reuter as Expert in Foreclosure Law

Litigation & Mitigation, by Jeff Harrington, published by Thompson Reuter

Florida Foreclosures & Deficiency Judgments: Are We in the Clear?

As a Florida foreclosure defense law firm, we get lots of questions about deficiency judgments.  In some cases, that is not an issue because we negotiate a waiver of deficiency with the lender, such as with a short sale or consent judgment.    However, those homeowners considering going to trial to fight for their homes want to know about the READ FULL POST

FLORIDA FORECLOSURES: Defending Deficiency Actions

The Florida legislature has imposed a deadline for filing deficiency actions. That’s better than nothing. At least there is some protection for homeowners. However, you still have to know about the protection and assert the correct affirmative defense.

FORECLOSURE DEFENSE: Bank Appeals Crushing Loss

Recently, our firm won a foreclosure trial by arguing a bank cannot simply renege on a loan modification agreement whenever it chooses, even if it was a “trial loan modification.”  This new precedent is dangerous for lenders because several of them have been guilty of arbitrarily yanking modifications even when homeowners make all the “good-faith” trial plan payments.  So, after READ FULL POST

FORECLOSURE DEFENSE: Bank Reduces Principal to Avoid Exposure

We are still waiting for the day a judge or government official orders a bank to write down a home loan.  It may never happen.  However, there may be other ways to get the same result through foreclosure defense.  In this case,[1] the bank voluntarily came out of pocket to pay down our client´s home loan.  Here is how it READ FULL POST

FORECLOSURE DEFENSE: DEFECTIVE BREACH LETTERS

this article describes a foreclosure affirmative defense based upon the bank’s failure to provide a timely, valid notice of default.

FORECLOSURE LAW: Taboo of Stripping a Mortgage through Quiet Title

Our law firm is one over a dozen foreclosure cases. So, now what? Is it possible to get the property free and clear up the mortgage?

Offshore

Taxation of Canceled Debt: Foreclosure Backlash

So, you’re having trouble keeping your head above water with the mortgage payments on your home. You start to slip behind and find that your home is now being foreclosed. What’s next? You can now expect a Form 1099-C from your bank or lender stating that they are forgiving a portion of your debt that remains unpaid. Great news, right? READ FULL POST