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Foreclosure turned over Paragraph 22 of the Mortgage

Broward County Foreclosure Attorney, Broward County Foreclosure Lawyer, Palm Beach County Foreclosure Attorney, Palm Beach County Foreclosure Lawyer, Miami-Dade County Foreclosure Attorney, Miami-Dade County Foreclosure Lawyer

A dispute over paragraph 22 of the mortgage may force banks to make stronger arguments to prove notices of defaults entered.

In this Third District Court of Appeals case, the bank tried to foreclose the homeowner’s mortgage at summary judgment, which entails that there be no questions of material fact and the bank be permitted to a foreclosure judgment as a matter of law – a stage before trial.  The homeowner also filed for summary judgment, in dispute that paragraph 22 of the mortgage was not fulfilled by the bank, which involves the bank notify the homeowner of the default and certain rights and defenses the proprietor may have.  The bank filed two separate affidavits proving that the paragraph 22 notice of default was mailed and significantly complied with the requirements of paragraph 22 of the mortgage.

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Loan Servicer Failed to Verify Records from its Predecessors

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The foreclosing bank failed to verify the accuracy of the records it received from the previous loan servicer causing them to lose the case.

Defense lawyer Bruce Jacobs claimed that beyond matching columns and fields and using a checklist to confirm receipt of key documents, the servicer did not verify details in the files. Miami-Dade Circuit Judge Beatrice Butchko vetoed Ocwen Financial Corp.’s banking records and left out its testimony after discovering the loan servicer failed to verify its predecessor’s records in a foreclosure case.

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HOA Foreclosure Sale Should Not Have Happened

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4th DCA ruled against the HOA for barreling through a bankruptcy stay and allowing the sale of the property.

The Fourth District Court of Appeal ruled against a Wellington homeowner association that barreled through a foreclosure sale despite the homeowner’s bankruptcy filing — and then failed to show up in court for the appeal. Scribner Village Homeowners Association Inc. won a final judgment of foreclosure against Marie Alexandre on a lien for unpaid assessments.

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Association Hits Hurdle in Foreclosure

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Homeowners Association loses case due to lack of jurisdiction

Trial court has a deficiency subject of matter jurisdiction to hear association’s foreclosure action where a bank or superior lien has already recorded a notice of lis pendens.

In this Broward County case, a bank recorded a lis pendens and filed a foreclosure action against a borrower and claimed the homeowners association as having a possible interest in the property.  While the bank’s lawsuit was pending, the association filed its own foreclosure lawsuit against the borrower in a different court and received a final judgment of foreclosure.  The borrower then attempted to have the association’s final judgment vacated but the trial court shut down that motion, and the borrower appealed that ruling.

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Condominium Reprimanded in Foreclosure

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The condo association gave up near the end of a legal battle causing legal resources and time to be wasted.

A North Miami condominium association got a sharp scorn from the Third District Court of Appeal, which may penalize it for a lawsuit the panel called a “waste of time.” Biscayne Point Condominium Association must show why it shouldn’t be sanctioned in its litigation with HSBC Bank USA N.A.

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Civil Procedure – Orders of Dismissal contrasted with Final Judgments and Decrees

Broward County Foreclosure Attorney, Broward County Foreclosure Lawyer, Palm Beach County Foreclosure Attorney, Palm Beach County Foreclosure Lawyer, Miami Dade County Foreclosure Attorney, Miami Dade Foreclosure Lawyer

Terminology caused the bank to lose their case.

In this Third District Court of Appeals case, the bank’s foreclosure lawsuit against the borrower was set for trial. The bank never received notice of the trial, so the bank’s foreclosure action was dismissed by order of the court when the bank did not appear for the trial.  More than two years later, the bank filed a motion to set aside the court’s dismissal of its foreclosure lawsuit, which was granted, and the bank then obtained a final judgment of foreclosure against the borrower.

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Is a Short Sale right for you?

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When is a Short Sale a good idea for borrowers facing foreclosure?

Many South Florida borrowers are faced with a tough decision after defaulting on their mortgage loan… Is a Short Sale the right thing for us to do right now? The answer is actually not as complicated as you may think. Simply put, if you are ready to leave the property within 3-6 months and you require a little financial help in making the transition to your new home, then the Short Sale is the way to go.

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It Takes Two for the Foreclosure to be Through

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The number of dismissals is what cost the plaintiff the case.

Abusing the voluntary dismissal one too many times cost the foreclosure case for the lender who acquired the loan that had been previously sold at least twice. The Fourth District Court of Appeal took into consideration the amount of times a voluntary dismissal had been tied to the loan rather than the number of dismissals per plaintiff to overturn the foreclosure, leaving the homeowner attorney’s to celebrate.  The two-dismissal rule under Florida Rule of Civil Procedure 1.420(a)(1) was invoked by the appellate, which allows one voluntarily dismissal but not two.

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Foreclosed homes to be rehabilitated for new buyers in South Florida

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The playing field is starting to even out as first time buyers are going to have first choice at properties of $175,000 or less thanks to Neighborhood Stabilization Initiation Program.

The housing organization in South Florida have been given the opportunity to purchase over 2,000 homes in foreclosure that could ultimately end up with individual homebuyers. The Federal Housing Finance Agency stated it is broadening its Neighborhood Stabilization Initiation to South Florida and 17 other metro areas across the nation.

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Foreclosures in South Florida are Gradually Improving

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Florida was one of the states hardest hit by the housing crash, but things are looking up for South Florida.

New foreclosures dropped dramatically across South Florida last month, though the number of repossessed homes by banks has increased as the courts are clearing up the dockets. According to RealtyTrac, there has been a 53 percent decline since November of 2014 in foreclosure filing in South Florida.

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