Fleysher Law Blog

Strip Off Cram Down of 2nd Mortgage in Chapter 7 Bankruptcy

Chapter 7 Lien Stripping Approved by Broward, Dade, and (now) Palm Beach County Judges

Following the watershed case of in re: McNeal, in which the 11th Circuit Court of Appeals ruled that fully unsecured 2nd mortgages, Home Equity Loan Liens, and other junior mortgages may be discharged and stripped off in Chapter 7 Bankruptcy, many debtors’ attorneys were unsure of how this ruling would play out with local South Florida judges covering Palm Beach, Broward, and Dade Counties. Early last month, I attended a

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Florida Court Says Foreclosure Law Firms Can’t Charge for Serving “Unknowns”

A foreclosure law firm violated state law by charging homeowners for summonses served on “John and Jane Doe” and other unknown parties who may have claims on the property. It is common practice for law firms to serve foreclosure paperwork on homeowners, as well as separate summonses for “unknown tenant,” or “unknown spouse,” even if the borrower is single and is not renting out the property. The borrower is usually

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Miami Home Prices Are Up 11.3% in 2012

Home prices in the Miami area rose 11.3 percent in August from a year earlier, beating a national average gain of 4.6 percent. Excluding distressed sales, home prices in the Greater Miami area, including Miami, Miami Beach and Kendall, rose 9.9 percent in August from a year earlier. Miami area prices went up 0.1 percent in August from July. Florida prices rose 6.9 percent statewide in August from a year

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