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Fleysher Law Blog

Loan Servicer Failed to Verify Records from its Predecessors
By: Emil Fleysher | May 9, 2016 | Foreclosure
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
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HOA Foreclosure Sale Should Not Have Happened
By: Emil Fleysher | April 7, 2016 | Foreclosure
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
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Association Hits Hurdle in Foreclosure
By: Emil Fleysher | April 5, 2016 | 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
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Condominium Reprimanded in Foreclosure
By: Emil Fleysher | April 1, 2016 | 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
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Civil Procedure - Orders of Dismissal contrasted with Final Judgments and Decrees
By: Emil Fleysher | March 14, 2016 | Foreclosure
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
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Is a Short Sale right for you?
By: Emil Fleysher | March 11, 2016 | Foreclosure
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
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It Takes Two for the Foreclosure to be Through
By: Emil Fleysher | March 10, 2016 | Foreclosure
The number of dismissals tied to a loan is what cost the plaintiff the
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Foreclosed homes to be rehabilitated for new buyers in South Florida
By: Emil Fleysher | December 21, 2015 | Foreclosure
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
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Foreclosures in South Florida are Gradually Improving
By: Emil Fleysher | December 15, 2015 | Foreclosure
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
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Broward’s Foreclosure Division Needs Senior Judges
By: Emil Fleysher | December 14, 2015 | Foreclosure
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
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