florida foreclosure defense attorney: FORECLOSURE DEFENSE - JUDGE SAYS SHOW ME EVIDENCE YOU ARE THE LENDER! - 04/05/12 11:31 AM
A Florida appellate court decided earlier this week that merely stating that the Plaintiff loan servicer has the authority to foreclose the mortgage is not enough.  In Elston vs. CW Capital Management, decided April 4, 2012, CW Capital stated that it “has been and is duly authorized by the Trust to prosecute this action as agent and special servicer for the (mortgage and promissory note holding) Trust.”
It just so happened that I was in court yesterday morning, April 5th, and although I did not have the case just decided by the appellate court, the trial judge did!  My argument was … (7 comments)

florida foreclosure defense attorney: WHAT DOES BEING “IN FORECLOSURE” MEAN? - 11/10/11 12:28 AM
The more frustrating interview question I have with potential clients is them telling me if they are in foreclosure because of non-payment of their mortgage.  I have two questions: Are you in foreclosure?; and Have you been served?  Too often I get a NO to the first question and YES to the second question.  The problem with that is if you answer y YES to the second question, the first question has to be YES too.  But probably half of the answers of YES to the second question are accompanied by a NO to the first question!  Real estate agents must … (6 comments)

florida foreclosure defense attorney: MORTGAGE LENDER (MIS)USE OF MANPOWER? - 10/10/09 01:19 AM
Is my mortgage lender guilty of misuse of manpower?
I just received a Saturday morning telephone call from GreenPoint Mortgage wondering why my mortgage payment was late.  I asked when it was due and of course was told that it is due the 1st of the month and I have a "grace period" until the 15th of the month.
I realize that if I get the money to the lender on the 1st of the month or the 15th of the month there is no difference.  I get no gold star for getting it to the bank before the 15th.  In … (9 comments)

 
Richard Zaretsky, Florida Real Estate Attorney (THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY)

Richard Zaretsky

Florida Real Estate Attorney

West Palm Beach, FL

More about me…

THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

Address: 1615 Forum Place, Suite 3A, West Palm Beach, Fl, 33401

Office: 5616896660 x 107

Mobile: (561) 329-2279

Legal true life experiences, general observations and commentaries for Realtors, Lawyers and Mortgage Brokers - also see our Palm Beach County Short Sales group blog.
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