foreclosure defense: QUIET TITLE SCHEME GONE WRONG MAKES ATTORNEY GO MISSING
- 04/17/13 11:45 PM
As a further sad saga on the false hope of Quiet Title lawsuits being a fabulous answer to homeowners trying to invalidate their mortgages, a Florida foreclosure defense attorney who tried the scheme on his own property is now missing and has absconded with over $3 million that was in his law firm and title company trust accounts. The Boca Raton Police, Palm Beach County Sheriff Office and the FBI are all investigating. The scheme to eliminate the homeowner’s mortgages was discussed in my last article, QUIET TITLE MORTGAGE FORECLOSURE DEFENSE MERITLESS IN FLORIDA and before that in QUIET TITLE ELIMINATION OF MORTGAGE ATTACKED BY FLORIDA … (20 comments)
foreclosure defense: FRIVOLOUS DEFENSE TO FORECLOSURE CAN COST BORROWER $$$
- 06/12/11 04:53 AM
A mid June decision by an appellate court in Florida, the trial court was upheld in sanctioning defense counsel and borrower in a foreclosure action for filing frivolous and unsupported mortgage foreclosure affirmative defenses that delayed resolution of the case. The court awarded over $20,000 in attorney fees against the defense counsel and another $18,000 in "delay damages" (which was mostly interest on the mortgage note). Florida statutes require that the $20,000 be split 50/50 with the defendant borrower and the attorney was responsible for all of the "delay damages" (and this most certainly will end up as a malpractice action against … (20 comments)
foreclosure defense: TITLE INSURANCE STOPPED ON REO AND FORECLOSURE SALES
- 10/04/10 09:06 AM
Most of you have been reading about "phony documents" or "fraudulent documents" from lenders in the foreclosure process. Those documents are the affidavits used to obtain a judgment from a court so a foreclosure sale can occur. I first wrote about this several days ago in GMAC SUSPENDS FORECLOSURE OPERATIONS - JUDGMENTS MAY BE VOIDABLE. If a material document relied upon by the court in making its decision to render a foreclosure judgment (and have a foreclosure sale) is knowingly false, it is a "fraud upon the court" and attackable at any time by any party affected by the court order. … (44 comments)
foreclosure defense: New Florida Foreclosure Defense Rule from Florida Supreme Court
- 05/15/10 12:57 AM
A new method to dismiss a Foreclosure Complaint in Florida that is just catching is to apply an amended rule put into effect by the Florida Supreme Court on February 11, 2010. This can be an important tool to delay the foreclosure and get that short sale done and the "window of opportunity" is right now.
The rule was incorporated into the Florida Rules of Civil Procedure at Rule 1.110(b). The new language requires that a residential foreclosure (note that this does not say primary residential foreclosure) now requires that it be "verified" by the filing party (or attorney). … (6 comments)
foreclosure defense: MORTGAGE FORECLOSURE RESCUE - THE BAD GUYS DON'T WEAR BLACK!
- 03/10/09 03:22 AM
In last week's New York Times an article focuses on how Home Savers Consulting is accused of committing fraud and profited handsomely at the expense of the former homeowner. Worse, the former homeowner thought she still owned the home - she did not. You can see the article at this link: http://www.nytimes.com/2009/03/08/nyregion/08scam.html?_r=1&ref=realestate In many states, including Florida, mortgage rescue fraud laws have been enacted. More often than not the new laws do not do anything more than tie the hands of legitimate professionals trying to help distressed homeowners - while those intent on pure profiteering evade the law or flaunt it outright. The … (8 comments)
foreclosure defense: TENANT RIGHTS AND FORECLOSURE - A DISCUSSION OF SAFEGUARDS
- 03/03/09 12:50 PM
The unintended victims of the foreclosure process are often the occupant of the home that is a tenant. The landlord is a borrower under a mortgage that has gone into default and is now being foreclosed. What is going to happen to the tenant as a result of the foreclosure? How can a tenant or future tenant be protected from the ill effects of a foreclosure? This article will attempt to address these issues. Landlord Tenant relationships are governed by State statute The landlord tenant relationship is governed by statutes of the state in which the real estate is located. Generally … (18 comments)
foreclosure defense: FORECLOSURE DEFENSE FALLACY
- 10/26/08 03:40 AM
If you are a listingRealtor or a person who has just gotten foreclosure notice from your lender(s), no doubt you have heard about a myriad of "Foreclosure Defense" firms that promise to delay or prevent foreclosure or even prevent the enforcement of the mortgage because if irregularities in the loan. What in fact are foreclosure defenses? RESPA and TILA The most popularly cited defenses relate to violations of RESPA (Real Estate Settlement Procedure Act) and TILA (Truth In Lending Act). Other federal and state laws may also be in violation. The general remedy to the borrower for violation of these laws … (10 comments)
foreclosure defense: BANK REJECTS SHORT SALE OPPORTUNITY AND MAKES BIGGER LOSS
- 10/13/08 01:42 AM
Here is more proof that the loss mitigators used by some banks just don't quite "get it". In an article this morning in the Palm Beach Post, by staff writer Eve Samples, Wells Fargo is targeted for its botched handling of a short sale opportunity, resulting in a loss to the bank of at least $40,000 more than it would have experienced in the short sale opportunity. The article goes on to say, Behind on their mortgage and forced to move to Miami-Dade County for work, Reggie and Noelvis Capiro this summer petitioned their lender, Wells Fargo Home Mortgage, and its … (15 comments)
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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As a further sad saga on the false hope of Quiet Title lawsuits being a fabulous answer to homeowners trying to invalidate their mortgages, a Florida foreclosure defense attorney who tried the scheme on his own property is now missing and has absconded with over $3 million that was in his law firm and title company trust accounts. The Boca Raton Police, Palm Beach County Sheriff Office and the FBI are all investigating. The scheme to eliminate the homeowner’s mortgages was discussed in my last article, QUIET TITLE MORTGAGE FORECLOSURE DEFENSE MERITLESS IN FLORIDA and before that in QUIET TITLE ELIMINATION OF MORTGAGE ATTACKED BY FLORIDA … (20 comments)
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