For a Foreclosure, Bank MUST Prove Ownership

In my article: “No Note…No Foreclosure”, I highlighted how a  4th DCA appellate court decision resulted in the court reversing a summary judgment after finding that the “unsigned and unauthenticated” endorsement created a “genuine issue of material fact”, and led to questioning whether that lender was really the “owner and holder of the note”. It is this “owner and holder of the note” that has the right to Read More

Misinformation May Lead to Foreclosure

Mortgage foreclosure lawsuits are the single, most crucial legal challenge people continue to face today.   While it needn’t be, the thought is debilitating to many a homeowner or investor.  That’s why so many people jump at the first sight of lender letters or phone calls offering to “help” modify their loan or short-sale their house.  However, DANGER lurks there as well! Homeowners immediately Read More

The Affluent Need Foreclosure Help Too

The last 5 years have seen foreclosures impact not only middle-America, but the wealthy at all levels.  The stress of being “underwater” at the multi-million mark can be unnerving for anyone.  When you factor in the original price points associated with these luxury home purchases, it redefines what it means to be underwater!  It’s no surprise to see plenty of the rich, famous & wealthy make Read More

The Sooner Your Lawyer Jumps Into The Fray The Better

  As we have mentioned in the past, the lending debacle covers a wide range of issues – how loans were structured, how they were sold, what happened to them once sold, how they were assigned multiple times and the legality of that process, and more.  Fortunately, along the way, we saw courts start to stem the flood of foreclosures due to faulty affidavits, defective assignments, “robo-signors”, and Read More

Housing Market Meltdown & Why You Need a Passionate Voice

The Housing Market Meltdown Will Have Serious Effects! These are some of the headlines we have seen in local papers in the past: “Loan Mod Plan Offers Solution for Homeowners” “Modification Won’t Prevent Foreclosure” “Slow Pace of Foreclosure Could Delay Housing Recovery” What to make of this? Well, sometimes the obvious is the obvious… Loan modification plans are coming and going but banks are playing Read More

New Year, … More Growth and Services, … Same Passionate Commitment

A Passionate Commitment to Save the American Dream! As we begin the new year, we realize how grateful we are to offer help where it is most needed today, … fighting to save the American Dream for so many still.  While last year was full of ups and downs, our approach to handling loan modifications, short-sales and foreclosure defense has been affirmed over and over again. We have made it our mission Read More

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