Category: Foreclosure

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

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

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

Terminology caused the bank to lose its 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, order of the court dismissed the bank's foreclosure action. This happened when the bank did not appear for the

Is a Short Sale right for you?

Many South Florida borrowers face 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. How to Know if it is the Right Decision? Simply put, if you are ready to leave

It Takes Two for the Foreclosure to be Through

The number of dismissals tied to a loan is what cost the plaintiff the

Foreclosed homes to be rehabilitated for new buyers in South Florida

The housing organization in South Florida gets the opportunity to purchase over 2,000 homes in foreclosure. It could ultimately end up with individual homebuyers. The Federal Housing Finance Agency stated it is broadening its Neighborhood Stabilization Initiation Program to South Florida. And, 17 other metro areas across the nation. How does Neighborhood Stabilization Initiation Program

Foreclosures in South Florida are Gradually Improving

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 foreclosures in South Florida. In November there were just 831 foreclosure lawsuits in

Broward’s Foreclosure Division Needs Senior Judges

Broward County’s foreclosure division is going to need all the help it can get in the next few months to keep its head above water. After several layoffs, harsh budget cuts, and the county taking a huge hit during the collapse of the housing market; it is going to take nothing short of a miracle

South Florida's Zombie Foreclosures Have Plunged

Zombie foreclosures, or abandoned properties that are going through the foreclosure process, have had a dramatic decline in South Florida in the past year. According to RealtyTrac’s Zombie Foreclosure Alert, there has been a 46 percent decline in Zombie Foreclosure during the second quarter of litigation; which translates to about 7,021 properties. An attorney from

Supreme Court Declares 2nd Liens Can't be Stripped in Chapter 7 Bankruptcy

Banks win out after the Supreme Court ruled on Monday. They state that homeowners cannot rid themselves of a second mortgage by filing for bankruptcy protection. All nine Supreme Court justices unanimously agreed that filing for Chapter 7 bankruptcy will not void a junior mortgage lien. This is when the amount owed by the senior