Tag: foreclosure

I surrender. Take my house. Actually, on second thought…

I surrender. Take my house. Actually, on second thought…

The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors' rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor's surrender of collateral real property has on the debtor's ability to defend a foreclosure. (more…)

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale

A September, 2018 opinion[note]Ocean Bank v. Gato, 2018 WL 4761845, ___ So.3d ___ (Fla. 3d DCA 2018).[/note] from Florida's Third District Court of Appeals provides guidance on what is not a "lawful, cognizable basis" for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days...Read More

A corporation by any other name…

"A rose lender by any other a slightly different name would smell as sweet still be able to foreclose." - Shakespeare 4th DCA (more or less) Florida's 4th District Court of Appeals has held that the omission of the word "corporation" from a corporation's name as it appears on various mortgage loan documents, did not render the loan invalid as...Read More

No contract, no fees, no, really

We're all familiar with the notion that one can't have something both ways, a notion that has been idiomized in a number of ways over the years: "What's good for the goose is good for the gander." "You can't have your cake and eat it, too." "What goes around, comes around." "Because the homeowner prevailed on an argument that the...Read More