The Governor’s latest Executive Order 20-180, extending the Florida moratorium on foreclosures and evictions, contains some carve-outs borrowers, tenants, lenders and landlords alike need to know about.
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.
Ocwen has been one of the biggest offenders what comes to servicing mortgages. It is time to fight back.
Litigation & Mitigation, by Jeff Harrington, published by Thompson Reuter
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
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.
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
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, the bank voluntarily came out of pocket to pay down our client´s home loan. Here is how it READ FULL POST
this article describes a foreclosure affirmative defense based upon the bank’s failure to provide a timely, valid notice of default.
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?