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Fleysher Law Blog

Bank of America / Countrywide HUSTLE Investors & Borrowers
By: Emil Fleysher | November 14, 2012 | Foreclosure
In 2008, Bank of America purchased Countrywide and inherited its mortgage program called the "hustle". This lawsuit claims that Bank of America continued to operate the hustle. It consisted of rubber-stamping risky home loans. And, then selling them to government-controlled Fannie Mae and Freddie Mac, throughout 2009 despite the program's poor performance. In fact, Bank
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Chapter 7 Lien Stripping Approved by Broward, Dade, and (now) Palm Beach County Judges
By: Emil Fleysher | October 15, 2012 | Bankruptcy
Attorney Emil Fleysher recently obtained one of the first Chapter 7 Lien Strip Orders in Palm Beach County. Chapter 7 Lien Strip Orders: What Happened? Following the watershed case of in re: McNeal, in which the 11th Circuit Court of Appeals ruled that fully unsecured 2nd mortgages, Home Equity Loan Liens, and other junior mortgages
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Florida Court Says Foreclosure Law Firms Can't Charge for Serving "Unknowns"
By: Emil Fleysher | October 3, 2012 | Foreclosure
A foreclosure law firm violated state law. They did this by charging homeowners for summonses served on “John and Jane Doe”. And, other unknown parties who may have claims on the property. In fact, it is common practice for a law firm to serve foreclosure paperwork on homeowners; as well as separate summonses for “unknown
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Miami Home Prices Are Up 11.3% in 2012
By: Emil Fleysher | | Foreclosure
Home prices in the Miami area rose 11.3 percent in August from a year earlier; beating a national average gain of 4.6 percent. Excluding distressed sales, home prices in the Greater Miami area, including Miami, Miami Beach, and Kendall, rose 9.9 percent in August from a year earlier. Miami area prices went up 0.1 percent
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Options for Florida Homeowners with Homes that are "Underwater"
By: Emil Fleysher | September 11, 2012 | Bankruptcy
What are your Options if your House is Underwater? More and more Floridians are coming to the unsettling realization that their homes are now worth less than they owe on their mortgage(s). This unfortunate scenario is commonly referred to as your house being "underwater." One of the most common questions that clients ask is "What
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Is the U.S. Headed Toward Bankruptcy?
By: Emil Fleysher | September 8, 2012 | Bankruptcy
Presidents have been warning for decades of the dangers of this country’s debt and deficits. But the big question is why this time is different? Is this the year we finally start to get our nation’s finances in order? Or, is the U.S. headed towards bankruptcy? One argument is that with the current President and
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Consumers Seeking Bankruptcy Advice on Avvo.com Reaches All-Time High
By: Emil Fleysher | September 7, 2012 | Bankruptcy
Avvo, Inc.’s latest Avvo Legal Advisory shows that bankruptcy is one of the top legal topics for many in the United States. Questions in Avvo's Q&A forum regarding bankruptcy reached an all-time high. Despite research from the National Bankruptcy Research Center stating that U.S. personal bankruptcy filings decreased by 13% in the first half of
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How Many Times Can You File Chapter 7 Bankruptcy?
By: Emil Fleysher | September 6, 2012 | Bankruptcy
Chapter 7 exists to help you get out of debt quickly and easily. It is easy to file for Chapter 7 bankruptcy and you can do it hundreds of times. However, the issue is whether you can get a discharge of your debts. The U.S. Bankruptcy Code places limits on how often you can get
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The Unaffordable Bankruptcy
By: Emil Fleysher | September 5, 2012 | Bankruptcy
Believe it or not, there is such thing as an unaffordable bankruptcy. For many people, Bankruptcy can be a path to salvation. However, sometimes there are situations or people with particular financial goals in mind for whom bankruptcy may not work. For example, a situation may occur where the debtor has an asset that he
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Does Florida Have a Culture of Delinquency?
By: Emil Fleysher | September 4, 2012 | Bankruptcy
A new report from real estate services provider Zillow found that while Florida is not the worst state for negative equity. In fact, Florida’s borrowers have disproportionately high delinquency rates on their loans. In Miami-Ft. Lauderdale, 43.7% of borrowers are underwater, while 24.9% of them have missed at least three months of payments. In Tampa,
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