Articles Posted in Uncategorized

Did you know that a borrower almost always has a right to reinstate his/her mortgage loan by making up the missed payments to bring their loan back into good standing?  The rules governing reinstatement depend on the timing of when the reinstatement takes place.  Let’s explore the different rules applicable three common situations. Pre-Acceleration The mortgagor retains…

Often times foreclosure proceedings are filed against real property when the titleholder has passed away. In such cases, unless the titleholder held the property jointly with rights of survivorship or by the entireties, the title to the real property passes to the titleholder’s beneficiaries. Consequently, these beneficiaries become indispensable parties to the foreclosure proceedings. For…

Have you been served with a complaint for foreclosure and are unsure why?   Foreclosure can be viewed as the lender’s way of clearing title to the land, and it extinguishes the liens of any junior mortgagees. It is critically important that all interested parties are named as defendants in the complaint so that every proper party can protect his/her…

Homeowners and their lawyers involved in foreclosures should be on the lookout for fraud and abuse during the loan process. They should be ready to spot these potential problems.  In Florida, if someone knowingly and intentionally lies or omits important information during the mortgage process, they can be charged with mortgage fraud. This includes using or…

The most common way to get compensation for tortious interference is to sue for damages for the loss suffered by the person who was deprived of the legacy or gift.  To get damages, you need to figure out the value of the asset in question at a time that’s relevant to the case and with a…

What is Specific Performance? Specific Performance is a powerful legal action that forces someone to follow through on a written or spoken agreement. It’s like a way to make sure someone keeps their promises. Unlike a claim for money, Specific Performance doesn’t just give you money. It wants the person who broke the agreement to…

1.      How much does a foreclosure defense attorney cost? In general, law firms defend foreclosures on a flat fee basis or other arrangement agreeable to the client and the firm.  You can expect to pay several hundred dollars a month in most instances. It is important that a firm provides value to the client in a difficult…

What are Punitive Damages? Punitive damages are designed to punish a Defendant for his/her intentional wrongful conduct or gross negligence. Punitive damages are recoverable for intentional wrongs as a punishment to the wrongdoer. Punitive damages are not recoverable for breach of contract, but may be recoverable for fraud. In any civil case in state court…

Lost Promissory Notes and Foreclosures What happens when a bank is seeking to foreclose but it is not in possession of the originally promissory note?  The answer is that It must first re-establish the note under law, or it cannot foreclose.    What does a bank have to show to re-establish the lost note? Enforcement of…

What is a partition (forced sale of real estate)? Whenever individuals interested in land as owners and co-tenants are unable to agree on a voluntary partition of the land through consent and mutual agreement, one or more of them has the right to seek judicial proceedings to partition the property. Partition principles are applied flexibly…