Fleysher Law Blog

Myths About Personal Bankruptcy

6 Myths About Personal Bankruptcy and Foreclosure

When you have found yourself in a financial dilemma and are faced with bankruptcy and foreclosure, you may be thinking this is the worst thing to ever happen to you. You need to remember not to listen to all the myths about personal bankruptcy and focus on the facts. People from all walks of life get in over their heads sometimes and need a financial reset. If you are facing

Read More
Foreclosure Protection

Is There Foreclosure Protection Because Of COVID?

The COVID-19 pandemic has ravaged the world, leaving people in much different circumstances than they were prior to the pandemic. On top of that, many processes have changed as a result of the extreme shifts in the economy, including mortgages and foreclosure protection options for homeowners. While there are federal options to help with finances, there are also state assistance programs. If you face foreclosure, when you hire an experienced

Read More
Foreclosure Lawyer

What Does A Foreclosure Lawyer Do?

Your home may be close to foreclosure or you may have already gotten notice that it is in foreclosure. This may leave you wondering if you have any options left or you are truly going to lose your home. When you need help, contact a foreclosure lawyer who has experience and can present you with options to possibly keep your home.  A Foreclosure Lawyer Will Present You With Options As

Read More
bankruptcy and foreclosure

Foreclosure Or Bankruptcy?

While foreclosure and bankruptcy are often confused or lumped together, they are not the same. You should remember that these are two different legal processes. However, sometimes they can work in tandem for your best interests. To get the best possible outcome, you will need an attorney experienced in both bankruptcy and foreclosure proceedings. Not every attorney can handle both cases, so you must use the right one.  How Does

Read More
mortgage loan reductions

Borrowers in South Florida could get mortgage loan reductions

Nearly 1,500 South Florida borrowers may be eligible for reductions of their outstanding mortgage loan balances under a federal program announced in April. The intention of the program is to help “underwater” and severely delinquent borrowers. That is delinquents whose loans are owned or guaranteed by mortgage companies Fannie Mae or Freddie Mac. Who Qualifies? The Federal Housing Finance Agency, which oversees Fannie and Freddie, said more than 30,000 borrowers

Read More
Paragraph 22

Foreclosure turned over Paragraph 22 of the Mortgage

In this Third District Court of Appeals case, the bank tried to foreclose the homeowner’s mortgage at summary judgment; it entails that there be no questions of material fact. And, the bank should have permission to a foreclosure judgment as a matter of law – a stage before trial. Read more to find out how this connects to paragraph 22. What Happened? The homeowner also filed for summary judgment; in dispute

Read More
loan servicer

Loan Servicer Failed to Verify Records from its Predecessors

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, she left out its testimony. This was after discovering the loan servicer failed to verify its predecessor’s records in a foreclosure case. Butchko allowed an involuntary dismissal in

Read More

HOA Foreclosure Sale Should Not Have Happened

The Fourth District Court of Appeal ruled against a Wellington homeowner association (HOA). The HOA 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. The judgment set the property for sale, but Alexandre filed for Chapter 11

Read More
Homeowners Association

Association Hits Hurdle in Foreclosure

The trial court has a deficiency subject of matter jurisdiction to hear the Homeowners Association 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. Furthermore, they claimed the homeowners association as having a possible interest in the property.  While the bank’s lawsuit was pending,

Read More
condominium association

Condominium Reprimanded in Foreclosure

A North Miami condominium association got sharp scorn from the Third District Court of Appeal. They may penalize it for a lawsuit the panel called a “waste of time.” Furthermore, Biscayne Point Condominium Association must show why it shouldn’t receive sanctions in its litigation with HSBC Bank USA N.A. over a condo unit the bank state the group illegally controls. In fact, their quarrel centers on whether Biscayne Point gave

Read More