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Fleysher Law Blog

Broward County foreclosure attorney, Broward County foreclosure lawyer, Palm Beach County foreclosure attorney, Palm Beach County foreclosure lawyer, Miami Dade County foreclosure attorney, Miami Dade County foreclosure lawyer

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 used 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 such as California, Illinois, Indiana, New Jersey, New York, North Carolina, Maryland, Ohio, and Pennsylvania are also experiencing a high number of

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Palm Beach Counrty Foreclosure Attorney, Broward County Foreclosure Attorney, Miami Dade County Foreclosure Attorney, foreclosure lawyer, foreclosure defense lawyer,

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, who 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

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Broward County Foreclosure, Miami-Dade County Foreclosure, Palm Beach County Foreclosure, Foreclosure Attorney, Foreclosure Lawyer,

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

One could assume that screwed up 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 because they failed to prove standing to sue. The foreclosure judgment passed by Palm Beach Circuit Judge Diana Lewis

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Statetu of limitations, foreclosure, Broward County Foreclosure, Palm Beach County Foreclosure, Miami-Dade County Foreclosure, Broward County Foreclosure Attorney, Palm Beach County Foreclosure Attorney, Miami-Dade County Foreclosure Attorney

How Late Is Too Late To Foreclose?

Florida has a five year statute of limitations for mortgage foreclosures. This means that a foreclosure lawsuit can be filed within five years by the lender 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 be answered, but

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foreclosure defense, broward county foreclosure defense, miami dade county foreclosure defense, plam beach county foreclosure defense, CFPB,

The Consumer Financial Protection Bureau’s Rules Are Being Defied

A Miami foreclosure defense attorney is getting ready to challenge lenders in court who he claims 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 were issued by the Consumer Financial Protection Bureau, or CFPB, to protect borrowers. His office will file lawsuits, in federal court if necessary, against lenders that push for foreclosure

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unpaid condo dues, safe harbor rule, condo foreclosure, 12 months or 1 percent, origional mortage, foreclosures, safe harbor order, safe harbor law

Unpaid Assessments After Foreclosure, Who is Responsible?

Now that the tidal wave of foreclosure diminishes, legislators and judges are adjusting the law to determine who will responsible to pay past due balances, most of which are condominium fees. The Florida safe harbor provision puts a cap on condo assessments that are owed by “first mortgagee or its successor or assigns” who pick up title during the foreclosure process. They are liable for 1 percent of the original

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An Attorney’s Challenge To A Foreclosure Order Was Supported By Advisory Panel

An advisory committee to the Florida Supreme Court informed the Palm Beach Circuit chief judge that an administrative order that throws out certain motions in foreclosure cases as “abandoned” is a local rule. According to Florida Rules of Judicial Administration, a local rule is a rule of “practice or procedure” for trial court application only, because local conditions require. It provides an omission or facilitates an application of a statewide

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Investors, Home Prices, Loan Modification, Short Sales, Saling Home, Foreclosure, Case-Shiller index, Miami's Housing Market, Mortgate rates

Home Price Gains Have Slowed Down

September brought on the slowest rise in home prices while providing decent sale gains and more variety in sale inventory. According to the Standard & Poor’s/Case-Shiller index of home prices in 20 major cities, September marked a 4.9 percent increase in comparison to a year ago but a 5.6 percent decrease compared to August. For the first time in seven months the 20-city index was unchanged. Nine of the 20

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REO, REOs, Bank Repo, Bank Repossession, Property Repossession, Real Estate Owned, Repo Sale,

In October, Florida Had The Most REO’s In The Country

Florida leads the states with the largest number of REOs, bank repossessions, in October 2014 according to RealtyTrac. Maryland, however, has taken the lead in the highest foreclose rates of the nation. There were 4,905 properties repossessed by banks in Florida, 2,000 less than that in California, Ohio came in third with 2,057, Illinois with 1,620, Maryland with 1,602 and four more states with more than 1,000 REO’s in October.

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Bank of America, Second Mortgage, Foreclosure, Bankruptcy, Supreme Court, Discharge Second Mortgage, Void Second Mortgage, Nullify Second Mortgage,

Bank of America Fights to Keep Second Mortgage From Being Void in Bankruptcy

In a few days the Supreme Court will make a determination of whether homeowners who have filed bankruptcy are eligible to nullify a second mortgage assuming that the property’s market value is lower than the amount owned on the first mortgage. Bank of America appealed twice to the Supreme Court proclaiming that the second loans should not be “stripped off” when a homeowner files bankruptcy even though the primary loan

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