News & Annoucements

Will the Florida Supreme Court Chip Away at the Defenses Available in Foreclosures?

By Oct 14, 2013 Posted in News

By Michael Cotzen and Jennifer Murillo Last month, the Second District Court of Appeals entered an opinion in the case of Focht v. Wells Fargo Bank, N.A., which stands to change the current defenses available to homeowners facing foreclosure. It is well-established law that a bank, at the time it forecloses, must have standing to sue.  Country Place Cmty. Ass’n v. J.P. Morgan Mortg. Acq. Corp., 51 So. 3d 1176, 1179 (Fla. 2d DCA 2010).  Consider […]

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Fourth DCA Rules that Courts Must Weigh Sufficiency of Affirmative Defenses

By Sep 16, 2013 Posted in News

By Michael Cotzen Last week, the Fourth District Court of Appeal issued its opinion in the case of Seale v. Regions Bank, reversing a summary judgment of foreclosure entered by the trial court. In its opinion, the 4th DCA held “[a] wealth of case law makes it clear that in mortgage foreclosure cases, summary judgment is precluded if affirmative defenses are not factually refuted or shown to be legally insufficient.”  The court further held that the defense […]

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Foreclosure Benefits Investors

By May 28, 2013 Posted in News

Seizing on South Florida’s glut of foreclosed homes that are currently sitting vacant and rapidly deteriorating, real estate investors are capitalizing on a strategy that allows them to purchase home titles quickly and cheaply through community association foreclosures for the purpose of renting them until banks can recoup their losses. Because lien holders of these homes are primarily banks that are drowning in foreclosure proceedings, it sometimes takes several years before the foreclosure process is […]

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5 Ways to Save Your Home from Foreclosure

By May 22, 2013 Posted in News

When the housing boom ended in 2005, mortgage rates increased, affordability conditions rapidly disintegrated and investors speculating on pre-recession inflation rates began pulling out of the housing market. With the plunging confidence of home buyers combining with a volatile job market and the sidelining of trade-up and resort purchasers, foreclosure rates quickly reached rates commiserate with those of the Great Depression. Because the economy and housing market virtually collapsed overnight, many homeowners had no idea […]

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What is a Short Sale

By May 17, 2013 Posted in News

As an alternative to a costly and lengthy foreclosure, mortgage lenders may agree to allow homeowners who are on verge of defaulting on their home loan to sell their property for an amount that is much less than what they still owe on their mortgage. Known as a “short sale”, this action has become an increasingly common occurrence between homeowners and mortgage companies because it provides benefits for all involved. Lending institutions consenting to a […]

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