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Fleysher Law Blog

defective paperwork

Defective Paperwork Should Win You The Case, But That’s Not Necessarily True

One could assume that defective paperwork would cost the lender their case. But, it doesn’t necessarily mean that because it depends on which judge is handling it. For BAC Home Loans Servicing LP, mishandled documentation during the height of the robo-signing cost them a foreclosure judgment against homeowner Rosanie Joseph. This was because they failed to prove standing to sue. The foreclosure judgment passed by Palm Beach Circuit Judge Diana

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Florida Supreme Court

How Late Is Too Late To Foreclose?

Florida has a five-year statute of limitations for mortgage foreclosures. This means that the lender can file a foreclosure lawsuit within five years. This is possible if a borrower defaults on his or her payments. But this leaves the question of whether the clock restarts if there is a case dismissal. Or, if the time is still running from the original default. These questions have yet to have an answer.

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Bankruptcy Fraud

Reality Star Sent To Prison For Bankruptcy Fraud

A cast member of the Real Housewives of New Jersey, Teresa Giudice, has begun serving her 15-month sentence for bankruptcy fraud. Mr. and Mrs. Giudice plead guilty to hiding assets from bankruptcy creditors. And, for submitting fraudulent loan applications to retrieve $5 million in mortgages and construction loans. Mr. Giudice also pleaded guilty to failing to pay taxes of well over $200,000. In addition to unlawful use of identification in

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CFPB

The Consumer Financial Protection Bureau’s Rules Are Being Defied

A Miami foreclosure defense attorney is getting ready to challenge lenders in court. He claims they are in violation of federal mortgage servicing rules that took place in January. He’s currently working on postponing several foreclosure sales referring to rules that the Consumer Financial Protection Bureau, or CFPB, issued to protect borrowers. His office will file lawsuits, in federal court if necessary. The lawsuits will be against lenders that push

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