No Note…No Foreclosure

For a Foreclosure, Courts Requiring Lenders to Show They ‘Own & Hold’ Note An interesting trend seems to be evolving in South Florida and I suspect across the nation—it’s called “No Note…No Foreclosure!”  It seems courts are now slowly but surely, forcing banks to “follow the law”. Now, isn’t this an interesting concept?! Most banks have been conducting their litigation by calling for “summary judgment” at Read More

The 5 most important things you need to know about Foreclosures in the USA!

Foreclosures are devastating, it’s important to know your rights! 1)   Just because you can’t pay doesn’t mean you have no rights, … quite the opposite! Many homeowners have long assumed that if a lender seeks to foreclose, they owe the money and have no defense.  Moreover, as terrible as it is to lose a house to foreclosure, many think the easy route is to put their biggest financial Read More

Friendly Lenders?

Don’t be Lulled by “Friendly Lenders” into Losing Your Property Those friendly lenders … miss a payment and they’ll start showing you how much they truly care. First they start with the phone calls, then the warm and “genuine” letters offering to help, and ultimately, the not so friendly foreclosure lawsuits served by your friendly, neighborhood process servers! Folks generally believe “their” lender will work with Read More

Is Your House “Underwater”?

What You Can Do If Your House Is Underwater We’re several years into the housing meltdown and foreclosure avalanche of cases and what have we learned? The “middle class” as usual seems to have been left behind to fend for themselves. Many homeowners are now “underwater”. Preserving the “American Dream” is more difficult than ever and uncertainty seems to rule the day. Today lenders are in the midst of a Read More

Why You Need An Attorney For Your Real Estate Deal

Buying a home or commercial property may be the largest and most significant purchase you make in your life. It also involves the law of real property, which is unique and raises special issues of practice, and problems nor present in other transactions. Our real estate lawyers are trained to deal with these problems and have the experience to deal with them. Here are some things you need to know: If the property Read More

Short Sale Negotiations

Short Sale Negotiations are NOT a Dress Rehearsal While activity on foreclosure cases from years past continues, a stream of new cases are on the horizon, and fighting to save the “American Dream” remains as elusive as ever. However, short sale “approvals” - which offers some homeowners the opportunity to get out from “under” sooner than later - have become a viable option. In the last few years, homeowners have Read More

Short Sell by Year-End to Avoid the Tax Liability

The end of the year brings a flood of business and legal activity which is designed to soften the impact of an individual or company’s tax liability due the following year.  This typically involves addressing and pursuing a myriad of opportunities and decisions to make this happen.  This year-end, none of these decisions is greater than the need to close on the short-sale of your property to assure that any Read More

To Defend or Not Defend, … That is the Question.

More than once over the last few years I’ve heard a homeowner or investor say, “I’m not going to defend the lawsuit.  Let the bank  take it back and I’ll be done with it!”  Unfortunately for that homeowner or investor, that is just plain WRONG!  Florida law is clear:  Lenders have 5 years to file and pursue a deficiency judgment against you.  Once in hand, they have 20 years to Read More

Your Lawyer Can Help You Navigate The Twists & Turns Of The Foreclosure Landscape

I have previously said major lenders were halting foreclosures, … and they have, at least long enough to review their files and pull out the faulty affidavits, assignments, and clean up their “process”.  Yet, while existing foreclosures have been slowed or stopped for now, other mind-boggling issues have crept up – process servers that “don’t serve papers” (so you the homeowner don’t know you’re in a foreclosure Read More

Due Process Requires Higher Scrutiny of Every Lender Lawsuit Defended

Reports show that in Florida, and South Florida specifically, foreclosures continue to soar even as the national picture shows a bit of improvement.  Not surprising when you dig into the data and realize that while home mortgage debt increases,  the median income remains virtually unchanged in constant dollars. Those of us directly dealing with the mortgage foreclosure crisis, are seeing the damage coming Read More