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Written by Emil Fleysher | April 1, 2016 | Foreclosure
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.
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.
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.
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.
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.
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.