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Fleysher Law Blog

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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Bankruptcy Fraud

Reality Star Sent To Prison For Bankruptcy Fraud

A cast member of the Real Housewives of New Jersey, Teresa Giudice, has begun serving her 15-month sentence for bankruptcy fraud. Mr. and Mrs. Giudice plead guilty to hiding assets from bankruptcy creditors. And, for submitting fraudulent loan applications to retrieve $5 million in mortgages and construction loans. Mr. Giudice also pleaded guilty to failing to pay taxes of well over $200,000. In addition to unlawful use of identification in

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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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advisory committee

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. It provides an omission or facilitates an application of a

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medical debt

Medical Debt Affects A Large Portion of Americans

In a new report of compiled data provided by the Consumer Financial Protection Bureau, close to 20 percent of U.S. shoppers are in debt. This is due to unpaid medical bills. The bills that insurance companies and hospitals are providing seem to confuse many Americans. That is, those for the cost of their treatments. This confusion is causing lower credit scores. And, it is making it much harder for Americans

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Loan Modifications

Loan Modifications Con-Man Gets Over A Decade In Federal Prison

Read how a con-man managed to cheat people in return for loan modifications. Jason Vitulano plead guilty and was sentenced to 11 years in federal prison. He also got an order to pay restitution of $5.9 million dollars in a West Palm Beach Courthouse. This is after running a boiler room scheme targeting troubled homeowners for mail and wired fraud. Between 2008 and 2009 the Boca Raton man who was

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home prices

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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