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Fleysher Law Blog

Home-Equity

Reset of Loans Causes Increase in Home-Equity Payments

As interest-only periods expire on loans begun during the housing bubble era, 3.3 million homeowners will be facing higher payments during the next four years on home-equity lines of credit, according to RealtyTrac. The Heloc loans that totaled $158 billion are requiring principal paydowns beginning this 2015 through 2018. There is a rising threat over the number of new defaults. This is due to the new monthly bills increasing an

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Foreclosure

No Foreclosure If No Default Notice Received

The Fourth District Court of Appeal ruled in favor of the homeowner over Deutsche Bank in a foreclosure case over the notice of default. In fact, the property that the bank was trying to recover is in Port St. Lucie, one of the cities hit the hardest by the housing bubble. However, the hay that broke the camel’s back came from the mailing address to which the notice of default

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Mortgage

When Mortgage Transfers Go Awry

The Fourth District Court of Appeal ruled against HSBC Bank USA in a foreclosure case for lack of standing. The defendants, Donna and Marc Murray, appealed a final foreclosure judgment against the bank with the argument that they failed to validate that the mortgage originator transferred its rights. Judge Melanie May wrote on behalf of the unanimous panel “In this foreclosure puzzle, one of the pieces is missing”. In fact,

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Rental Properties

Landlords Gain As Demand For Rental Properties Increase

In a report provided by the U.S. Census Bureau in Washington, D.C. the number of rental properties that are inhabited by renters grew by 2 million last year. The number of available rental properties has fallen 7 percent in the fourth quarter; the lowest it has been since 1993. Since the job market has picked up more young people are about to leave their parent’s homes and start their lives.

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zombie foreclosures

Florida “Zombie” Foreclosures Are The Highest Throughout The Nation

Throughout the U.S., Florida has the highest number of “zombie” foreclosures. “Zombie” foreclosure is a term for properties that are under foreclosure but have been abandoned. There are only 36,000 pending “zombie” foreclosures, which is a 35 percent decline from this time last year. However, other states are also experiencing the same; such as California, Illinois, Indiana, New Jersey, New York, North Carolina, Maryland, Ohio, and Pennsylvania. This kind of

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clerical error

Clerical Error Costs Bank Foreclosure Case

A clerical error cost Bank of America a four-year foreclosure case when it should have been something clear-cut. In 2009 the plaintiff was granted a final judgment against the defendant Heather Epstein. She moved out of the property the following year. And, Bank of America took over the property with a new certificate of title. However, problems soon arose when the mortgage and all subsequent documents had an incorrect legal

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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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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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unpaid assessments

Unpaid Assessments After Foreclosure, Who is Responsible?

Now that the tidal wave of foreclosure diminishes, legislators and judges are adjusting the law. They are doing this to determine who will respond to pay past due balances, most of which are condominium fees. The Florida safe harbor provision puts a cap on unpaid condo assessments that are owned by “the first mortgagee or its successor or assigns” who pick up title during the foreclosure process. They are liable

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