Florida Foreclosure Defense Lawyers Blog

If you are a Foreclosure Defense Attorney representing a homeowner, you have experienced all too well each and every Banks' attorney's continuous and unrelenting resistance to comply with discovery requests. The Foreclosure Defense Attorneys at Apple Law Firm PLLC meet this block wall by continuing to follow up on each discovery request and the filing of motions to compel with requests for attorneys' fees.

In multiple of our foreclosure cases, after a Bank's continual failure to respond to numerous requests for compliance with discovery requests and after a Motion to Compel has been ignored, Apple Law Firm calls the Motion to Compel up for hearing before a judge. More often than not, the court grants the Motion to Compel.

Following the Bank's continued failure to respond to discovery requests, even after being ordered by a court to do so, Apple Law Firm files a second motion. This motion asks the Court to compel the Bank's response for a second time and requesting the Bank's compliance with the Court's order together with a request for attorney's fees. On numerous occasions, at the second hearing, the presiding judge has no remaining patience for the Bank. The second motion is granted and Apple Law Firm awarded attorneys' fees and costs as sanctions for the Bank's continued failure to respond to discovery and a Court order.

It goes without saying, to be successful in litigation, attorneys must be persistent and this is especially true in Foreclosure Defense. If you are facing foreclosure, make sure you have someone on your side that will vigorously look out for your rights and best interests. Contact a Florida Foreclosure Defense Attorney or a a Florida Foreclosure Defense Attorney.

RealtyTrac and the Palm Beach County Clerk of Court simultaneously reported the month of October saw an increase in new foreclosures filed. The Palm Beach County Clerk also reported that October is the 3rd month in a row where foreclosure filings have increased, with September seeing a 7% increase.

Since the beginning of 2011, new foreclosure filings have slowed down greatly, in part due to accusations of robo-signing among law firms through out Florida who were hired to pursue foreclosures on defaulted mortgages.

Florida currently stands 3rd among the 50 states for the amount of time it takes for a home to be repossessed. Above Florida, in a close race for 1st and 2nd place, are New York with an average of 986 days and New Jersey which averages 974 days.

According to the newest report from RealtyTrac, it takes an average of 749 days, slightly over 2 years, for a home to be foreclosed on and repossessed in the state of Florida. This is a 10% increase from the 3rd quarter of 2011 in the amount of time is takes for a residential property to wind its way through the foreclosure system.

Facing a foreclosure can be an extremely stressful and confusing time. Do not face it alone. Contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a complimentary case review and to begin planning for you future.

60 Minutes reported that after 6 consecutive months of falling home prices, there is little question about a second housing drop. With home prices similar to those of more than 10 years ago.

It appears that the banks that are trying to help homeowners are actually creating much of the problem by "fouled up paperwork". In some cases it appears to be an intentional fraud reported a homeowner who is fighting their foreclosure.

Follow this link to read more on 60 minutes and the Mortgage Paperwork Mess

Foreclosure Fraud on Fox news

 

If foreclosure is imminent, you may not want to go to mediation without a Jacksonville Foreclosure Defense Attorney who is experienced in Florida foreclosure defense. Florida's Supreme Court has instituted a statewide "managed mediation" program. In the past, the referrals to the foreclosure mediation program were primarily done after the filing of a foreclosure lawsuit.

In Jacksonville and around Florida, there is a new movement to have a "pre-suit mediation" with the homeowner. If this is done prior to the foreclosure being filed against a borrower, you will not be offered a second mediation through Florida's managed mediation program after the foreclosure is filed.

Your lender/servicer is required to provide specific information to the "program administrator" prior to mediation whether it is before or after the filing of the Florida Foreclosure lawsuit. IN MOST CASES THE BANKS ARE FAILING TO DO THIS. Don't allow your lender/servicer to lead you down the mediation path without consulting with a Jacksonville Foreclosure Defense Lawyer . If you behind in your payments or expect a foreclosure, contact a Florida Foreclosure Defense Attorney to discuss your circumstances.

On November 10, 2010, the Fourth District Court of Appeals found that allegations of fraud are not enough to reverse a foreclosure. The entire ruling can be found here.

In this case the Appellant, the homeowner, moved for relief from the judgment pursuant to Rule of Civil Procedure 1.540(b). She based this claim on a deposition that her attorneys took of Bailey in connection with a different mortgage foreclosure involving a different bank. Freemon alleged that Ms. Bailey relies upon attorneys to draft the form affidavits in foreclosure cases, fails to understand most of the language in the affidavits she signs, and routinely signs these affidavits without personal knowledge of the facts stated therein.

The court based its ruling on the following:

To entitle a movant to an evidentiary hearing on a motion for relief from judgment, a rule 1.540(b)(3) motion must specify the fraud with particularity and explain why the fraud, if it exists, would entitle the movant to have the judgment set aside. If a motion does not set forth a basis for relief on its face, then an evidentiary hearing is unnecessary, the time and expense of needless litigation is avoided, and the policy of preserving the finality of judgments is enhanced. The matter alleged must affect the outcome of the case and not merely be "de minimis." Thus, to obtain a hearing on a rule 1.540(b)(3) motion, the law requires a movant "to demonstrate a prima facie case of fraud, not just nibble at the edges of the concept.

In doing so the court reasoned that home owner's motion does not demonstrate fraud or show why any of the alleged facts would entitle her to relief sufficient to set aside a default judgment. She nowhere contends that she did not default on her mortgage, nor does she allege that the amounts due and owing, set forth in the affidavit and incorporated in the final judgment, are incorrect. The homeowner has not specifically alleged any fraud in connection with the Robo Signor's statements in this affidavit regarding the amount due. The homeowner merely alleges that the Robo Signor claimed personal knowledge of the matters in the affidavit, even though the Robo Signor admitted in her deposition in different case that she did not know who inputted information into the computer regarding the loan in question in that case.

Because of this the court disagreed with the characterization of the Affidavit and testimony.

While the homeowner contends that the affidavit was insufficient to satisfy the requirements for admissibility under the business records. The court found that this argument was not preserved for appellate review so the appellate court could not consider the argument.

It is important to properly lay the foundation for appeal so that a higher court can consider the legal argument if necessary.

To review your foreclosure case contact a Jacksonville Foreclosure Lawyer.

The press has been going crazy about GMAC's bad affidavits. Not it appears that CNBC just reported that problem also.

If you have lost your home to a foreclosure by JP Morgan Chase or GMAC, contact Florida Foreclosure Lawyer or Jacksonville Foreclosure Defense Lawyer to see if you have any right.

In North Florida (Clay, Duval, Nassau, and St. Johns County), lenders and homeowners are required to attend mandatory mediation prior to the case proceeding to trial with homes are their primary residence. Many homeowners are appearing pro se, without a lawyer, to these mediation sessions. Going to any legal proceeding without an attorney, especially one involving your most valuable asset, can be a big mistake.

There have been an increasing number of reports that pro se homeowners are not obtaining any relief through mediation because they are being bullied by the lenders representatives who appear via telephone and who refuse to comply with Florida's Supreme Court order requiring certain disclosures. A Jacksonville Foreclosure Defense Lawyer can review the materials and make sure that prior to your chance at a meaningful mediation, the lenders comply with the Florida Supreme Court Orders. These required disclosures include but are not limited to, a current appraisal, proof of ownership of the note and mortgage and life of the loan transaction history setting forth all payments and charges on the loan. The outcome when a lender does not fulfill their duty to provide this information prior to the mediation varies. Some mediators will not proceed any further with the mediation until the information is provided and some mediators continue with the mediation even though the homeowner does not have the necessary information. Hopefully we will get a judicial order that provides uniformity in this context in the near future. In the meantime, you must protect yourself against lender bullying.

Make sure you understand what is required, and do not loose your right to a future mediation by participating in one where the lender has not complied with the court requirements. It is best to have someone who understands these requirements and will interpret the offers of the lenders so that you understand what you would be agreeing to. For a free consultation regarding any north Florida foreclosure, contact a Jacksonville Foreclosure Defense Lawyer to discuss your circumstances.

If you are facing foreclosure, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer prior to attending your mandatory mediation. Even though having a Foreclosure Defense Lawyer is not mandatory in foreclosure mediations, it is undoubtedly in your best interest.

One of the most common reasons we hear from clients in regard to their mortgage modification efforts is that they meet the requirements for a modification under HAMP but they are denied a permanent modification due to an objection by the "investor." The question clients keep asking is who are these investors and why do they have the ability to deny my mortgage modification request?

In the early 2000's, large portions of mortgages in the U.S. were combined by financial institutions into large investment pools called securitized trusts. Legally these trust are their own entity but they must be managed by a trustee who makes decisions on behalf of the trust. The financial institutions then sold bonds from the trust to investors, namely mutual, pension funds and other large investment funds.

While the trustee is charged with making decisions on behalf of the trust they are almost never the actual entity servicing these mortgages. In almost every instance the trust contracts with a mortgage servicer to provide mortgage related servicing for these loans and trustees for the largest trusts contend that the authority to decide when to modify a mortgage rests with the servicer of the loans. While the investors maintain that the servicers are the ones denying the HAMP modifications some housing counselors have estimated that between 10% and 40% of HAMP denials are blamed on investors.

A new article published here, details several accounts of homeowners who have run into this same problem

As a homeowner you do have rights and defenses to avoid a Florida foreclosure. If you have had your mortgage modification denied or if are currently, or will be in the near future, facing a Florida Foreclosure Lawsuit you should contact a Jacksonville Foreclosure Lawyer to discuss what defenses are available to you in order to save your home.

Apparently New Jersey Judge William Todd is tired of plaintiffs and lenders not complying with the standing requirements in his courtroom. Judge Todd issued a 53-page Order that dismissed Bank of New York's foreclosure action filed on behalf of Home Mortgage Investment Trust 2004-4 as Trustee. The court concluded that Bank of New York did not even attempt to comply with New Jersey's procedural rules which require proof of all assignments in the chain of title. The only thing that the bank alleged was that they were the owner of the note before the litigation began. The court ruled that since the Plaintiff failed to prove standing the case would be dismissed and any re-filing be conditioned on the Plaintiff possessing the original note at the time of filing.

This Order is similar to a ruling handed down by the Florida Supreme Court in February 2010. Florida requires that a Plaintiff show each assignment in the chain of title in order to have standing. If the case is dismissed for lack of standing, the case cannot be re-filed unless it is certified that the Plaintiff has the original note at the time the Complaint is filed. Experts say that this well written opinion could bring change to the foreclosure procedures in the State of New Jersey.

If you are facing foreclosure in Florida or your home is already in foreclosure, contact a Florida Foreclosure Lawyer or Jacksonville Foreclosure Defense Lawyer to discuss your options.

A Key West judge has dismissed a foreclosure lawsuit filed by the Florida Default Law Group (FDLG) filed on behalf of Bank of New York for failing to comply with the discovery requests of the Defendant. In response to the discovery request filed on behalf of the homeowner FDLG filed a Motion for Extension of Time for an indefinite period. FDLG did not respond to the homeowner's lawyer's good faith request about the length of time required under the extension. It was not until a year after the homeowner had filed their discovery request that FDLG finally replied by objecting to nearly everything that had been requested. The judge dismissed the case because FDLG had intentionally failed to comply with the discovery requests. FDLG cannot re-file the case unless it fully complies with the homeowner's discovery requests.

This is another victory for homeowners in foreclosure. Judges are beginning to tire of the lender's lack of compliance with the Rules of Civil Procedure in foreclosure cases. As the foreclosure filings continue to rise, hopefully we will see more judges take a stand against the unethical legal tactics employed by these lending companies.

The Miami Herold has an article on the new Florida Foreclosure requirements.

A new Florida Supreme Court ruling may go a long way toward unclogging the estimated 500,000 Florida Foreclosure Lawsuit backlog by requiring bank to actually verify that they are in fact the owners of a home before they actually attempt to foreclose on it. That may sound like common sense but until February, when the new rule was approved by the Court, it was not the case.

The primary problem is with the original notes, which are the legal promises to pay a debt, have often been sold multiple times and many banks have lost them. Without the note, lenders were unable to prove who was the true owner of the property and in some cases this lead to two separate lenders attempting to foreclose on the same property.

IF you are facing a Florida Foreclosure Lawsuit or fear that you may be facing one in the future contact a Jacksonville Foreclosure Defense Lawyer to discuss your circumstances and possible options to save your home.