Fleysher Law Blog

Association Hits Hurdle in Foreclosure

Trial court has a deficiency subject of matter jurisdiction to hear association’s 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 and claimed the homeowners association as having a possible interest in the property.  While the bank’s lawsuit was pending, the association filed its

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

Condominium Reprimanded in Foreclosure

A North Miami condominium association got a sharp scorn from the Third District Court of Appeal, which may penalize it for a lawsuit the panel called a “waste of time.” Biscayne Point Condominium Association must show why it shouldn’t be sanctioned in its litigation with HSBC Bank USA N.A. over a condo unit the bank state the group illegally controls. Their quarrel centers on whether Biscayne Point gave suitable notice

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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 Foreclosure Lawyer

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

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 the bank’s foreclosure action was dismissed by order of the court when the bank did not appear for the trial.  More than two years later, the bank filed a motion to set aside the court’s dismissal of its foreclosure lawsuit, which was

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Is a Short Sale right for you?

Many South Florida borrowers are faced with 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. Simply put, if you are ready to leave the property within 3-6 months and you require a little financial help in making the transition to your new home, then the

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Broward County Foreclosure Defense attoney, Palm Beach County Foreclosure Defense Attorney, Miami-Dade County Foreclosure Defense Attorney,

Foreclosed homes to be rehabilitated for new buyers in South Florida

The housing organization in South Florida have been given the opportunity to purchase over 2,000 homes in foreclosure that could ultimately end up with individual homebuyers. The Federal Housing Finance Agency stated it is broadening its Neighborhood Stabilization Initiation to South Florida and 17 other metro areas across the nation. Since the beginning of December, housing groups have been given the opportunity to purchase properties valued at $175,000 or less

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Brwaord 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, South Florida Foreclosure Attorney, South Florida Foreclosure Lawyer,

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 foreclosure filing in South Florida. In November there were just 831 foreclosure law suits in Palm Beach, Broward and Miami-Dade Counties. Since RealtyTrac began counting in January 2006,

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Broward County Court, Broward County Circuit, Broward County Foreclosure Attorney, Broward County Foreclosure Lawyer, Palm Beach County Foreclosure Attorney, Palm Beach County Foreclosure Lawyer, Broward Foreclosure Lawyer, Broward Foreclosure Attorney, Palm Beach Foreclosure Lawyer

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 for the thousands of foreclosure cases to work through the already clogged dockets. The foreclosure

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Zombie Foreclosures, Abandoned Properties, Abandoned Homes, Broward County Foreclosure Defense Attorney, Broward County Foreclosure Defense Lawyer, Loan Modification Attorney, Loan Modification Lawyer,

South Florida’s Zombie Foreclosures Have Plunged

Zombie foreclosure, or abandoned properties that are going through the foreclosure process, have had a dramatic decline in South Florida in the past year. According the 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 Royal Palm Beach attributes this to higher knowledge of the law. Residents are aware that

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Bankruptcy, Chapter 7 Bankruptcy, Second lien, Second mortgage, Strip off second lien, strip off second mortgage, Bank of America

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

Banks win out after the Supreme Court ruled on Monday 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 when the amount owed by the senior lien surpasses the current amount of the collateral if the homeowner’s claim is both allowed under the bankruptcy code

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