Florida Foreclosure Defense Lawyers Blog

If you are represented by a lawyer in a foreclosure action, and that lawyer failed to appear at a hearing that resulted in a foreclosure judgment being entered against you and a sale date set, you may be able to file an Emergency Motion to Set Aside the judgement based on your lawyer failing to appear in court. It is best to have an attorney assist you with this Motion and hearing.

The basis for such an emergency motion comes from Florida Rule of Civil Procedure 1.540, Relief From Judgment, Decrees, or Orders, and states: '

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect;

However, please note that simply filing this type of motion does not affect the judgment or suspend the holder from moving forward. A hearing must be set, held and the motion must be granted before it can have any affect. While these types of things hopefully have extremely rarely, they do sometimes happen.

If you are facing a Florida Foreclosure Lawsuit and you have had a foreclosure judgment entered against you, you may have options. Contact a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a free case review to determine what options may be available to you.

The panel appointed to study the viability and effectiveness of the Residential Mortgage Foreclosure Mediation program has recommended that the Florida Supreme Court end the program, rather than tweak or make wholesale changes to the program. The panel, consisting of five judges and a court administrator, cited homeowner mistrust and lender resistance as two of the major reasons the program has been ineffective. Only 3/6% of of cases referred to mediation from March 2010 and ending March 2011 settled during mediation.

Proponents of the program say that statistic is skewed in that it doesn't take into account settlements reached after mediation. In addition, program advocates state lenders have intentionally sabotaged the program and did not follow the spirit of mediation. Many wanted the program to continue but with some changes. Instead of cases being automatically referred to the RMFM program, the panel recommended each of the state's 20 circuit courts make mediation decisions on a case-by-case basis or allow them to join a new program yet to be created. The recommendations of the panel have been forwarded to the Florida Supreme Court but there is no timetable for the end of the program or the creation of another.

To date, there are roughly 350,000 foreclosures backlogged in Florida's court system. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Defense Lawyer today to determine what foreclosure alternatives may be available to you.

In September, the Florida Supreme Court ordered a review of the effectiveness of the mandatory Residential Mortgage Foreclosure Mediation Program (commonly referred to as the "RMFM Program"). The program has not fully accomplished its goal of helping homeowners find alternatives to foreclosure and decreasing the foreclosure caseload in Florida courts. The Florida Supreme Court ordered the program in December 2009.

The Supreme Court Administrative Order signed on Monday, September 26, 2011 appointed five judges and one court administrator to evaluate the success of the program and recommend whether the program should be continued, changed, or eliminated altogether.

Judge Burton Conner of the 4th District Court of Appeal and who served on the Task Force that recommended program back in 2009, was one of the five judges chosen to re-evaluate the program. According to Judge Conner, just like anything new, the program has experienced growing pains, but he is hopeful banks will progressively see the advantage of going to mediation. "There has been institutional resistance because it is such a new tool. With anything new it takes a while to figure out how it works and how you can benefit." The committee has until October 21, 2011 to submit its recommendation of the program to the Florida Supreme Court.

Throughout Florida, only 3.6% of all cases referred to the mediation program, over the course of 1 year, ended with a written agreement. Of the homeowners who actually participated in the program, there was a 25% success rate statewide. Alternatives to foreclosure contained in written agreements included loan modifications, deed-in-lieus, and short sales.

If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to determine what foreclosure defenses and options may be available to you.

A new study recently published by the National Bureau of Economic Research purports to have found another link between economic well-being and physical well-being are connected. Study co-author, Princeton Economist Janet Currie, stated "the foreclosure crisis is having a significant impact on mental health as well as on a wide range of preventable conditions that are susceptible to stress."

The study took information on emergency room and hospital admissions related to stress and anxiety from four of the states hardest hit by the foreclosure crisis; Florida, California, Arizona and New Jersey from April 2005 to December 2009. The study found for every 100 foreclosed properties in a community, ER and hospital admissions rose 7.2% for hypertension and 8.1% for diabetes. ER and hospital visits also rose for general conditions caused by stress with anxiety related visits and admissions increasing by 12%.

The study doesn't focus solely on the millions of homeowners going through the foreclosure process, it also highlights the struggles of those paying for a mortgage which is severely underwater. If you are one of the thousands of Floridians facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Defense Lawyer today for a complimentary consultation to determine what foreclosure alternatives may be available to you.

You reached the point where you were no longer able to make your monthly mortgage payments because of a change in your financial situation. Months later, maybe even almost a year later, you were served with a foreclosure complaint and you are now one of the thousands of Floridians facing a Florida Foreclosure Lawsuit. All this comes after numerous failed attempts to obtain a loan modification that would allow you to keep your home.

However, while defending the foreclosure action in the court system, you finally obtain the loan modification you have been begging for. You see the light at the end of the tunnel and feel some much needed relief. Do not get too comfortable just yet. The loan modification you have entered into is probably a trial modification in which you are to make monthly payments for approximately 3 months and then a final modification will be considered. You are ok with this because you really want to keep your home.

However, if you are already in foreclosure, the bank may still be pursuing the foreclosure case on your home during the trial modification period. This may be due to a huge lack of communication. The bank's right hand (legal department) may have no idea what its left hand (modification department) is doing. Even though the different departments are within the same company, they may rarely communicate with each other.

In your circumstance, the loss mitigation department that approved your trial loan modification most likely has not and will not communicate you are performing on a trial modification to the department/law firm pursuing the foreclosure. Therefore, the law firm handling the foreclosure action has no idea you have entered into a trial modification and will continue litigating the foreclosure, leading to a final judgment of foreclosure being entered before your trial modification is over.

So what can you do? You could file a stay with the court. The stay should point out that you have entered into a trial loan modification with the Plaintiff and, as such, you request the court to stay all further proceedings in the foreclosure action until the trial loan modification has ended and you have been considered for a final modification. This may prevent the foreclosure action from moving forward.

It is can be extremely difficult to navigate a foreclosure alone. If you are facing a Florida Foreclosure Lawsuit and have been offered a trial loan modification, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a complimentary consultation to determine what foreclosure options may be available to you.

40% of foreclosure cases backlogged in the Florida Court System has been cut over the last year. A combination of increased efforts by the courts and cases being dropped or dismissed by banks are responsible for much of the relief. The Office of the State Courts Administrator shows that 201,524 foreclosures were disposed of last year (96,630 disposed of by summary and final judgments, 104,126 were dismissed). However, if a foreclosure case was disposed of through a dismissal, it can most likely be refilled. The question is will they be re-filed and when?

Foreclosure cases can be voluntarily dismissed by banks for a number of reasons but most are dismissed due to paperwork irregularities. Numerous news stories have emerged revealing that bank employees signed foreclosure paperwork without first personally verifying information contained in the documents (commonly referred to as "robosigning"). Other paperwork irregularities have included issues regarding proper notarization, erroneous or forged assignments, and missing or erroneously prepared mortgage documents.

The majority of foreclosure actions that were voluntarily dismissed by banks throughout the last year for one or more paperwork issue, will most likely be filed again. But, foreclosure filings have remained at a decreased rate as banks have increasingly been using other means rather than foreclosure to deal with struggling homeowner, including permitting more homeowners to short sale their property, approving more loan modifications, and allowing homeowners to stay in properties until after the final foreclosure sale.

At the end of the 2010-2011 fiscal court year, 260,815 of foreclosure cases that were pending at the beginning of the year (460,000) remained. 117,000 new cases were filed within the year (which is lower than what was expected). As of June 30, 2011, the number of foreclosure cases pending in the court system is 378,000.

If you are facing a Florida Foreclosure Lawsuit or have had your Florida Foreclosure Lawsuit voluntarily dismissed by your bank, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Lawyer today to review your case in order to determine what foreclosure defense options may be available to you.

The aptly names "Helping Responsible Homeowner Act of 2011" has been recommended by members Congress to help more borrowers refinance their current mortgage loans. This new act would remove the risk-based fees on mortgage loans that Fannie Mae and Freddie Mac already endure the risk on, and could potentially allow about 5 million more home loan borrowers refinance. This could potentially be a far-reaching and speedy way to get money into the overall U.S. economy. It is hopeful that the act could also decrease the number of strategic defaults by underwater borrowers, those who are defaulting because they owe more than their home are currently worth.

An adjustment to the current Home Affordable Refinance Program (HARP) is also being supported by many members of Congress. The adjustment would restructure and streamline the appraisal and closing processes for homeowners who are refinancing, which could reduce the overall cost and effort associated with mortgage refinancing. Suggestions have also been made to increase the present required loan-to-value ratio.

The current Home Affordable Refinance Program has allowed homeowners with Fannie Mae and Freddie Mac backed mortgages to refinance their existing mortgages at decreased interest rates, but the program has not provided the widespread help across the country as was initially hoped. Currently, Fannie Mae and Freddie Mac charge high, risk-based up front fees when refinancing risky mortgage, which the Helping Responsible Homeowner Act of 2011 seeks to eliminate.

Nevertheless, a long-term solution, widespread refinancing is not enough without an improved economy and value appreciation. If you are currently facing a Florida Foreclosure Lawsuit and your house is underwater, contact a Jacksonville Foreclosure Lawyer or a Florida Foreclosure Lawyer today to determine what foreclosure alternatives may be available to you.

According to a report entitled "The Post Foreclosure Experience of U.S. Households," by a Federal Reserve Board discussion group appose the impression that post-foreclosure homeowners are forced to move in with family or crowded, poor neighborhoods in order to cover their bills. Instead, the report states more foreclosed homeowners are beginning to plan ahead for what they will do after foreclosure--a strategic exit after foreclosure--allowing them to remain in the same, better, or at least comparable living standards.

After foreclosure, 60% of foreclosed homeowners are living in single-family homes, such as a rental, in a neighborhood with educational levels and home values similar to what they had pre-foreclosure. One Palm Beach mother told the study her plans include staying in the same school district for her children. She further stated, "I know tons of people going through this, and they are making plans for when they get kicked out of their homes...They are planning to rent, centering it around their kids' schools. They are not moving into one-bedroom apartments."

The report further found that household size post-foreclosure only increased from 2.24 adults from 2.27 adults. Only roughly 12% are forced to move in with an older family member (such as a parent). Compare the 12% to the 5% of adults who move in with older family members while not in foreclosure.

Another part of the study looked at how long once a foreclosure is initiated, before a homeowner is forced to leave the home. The report found only half of borrowers are forced to leave their homes after two years. The postponement reflects the aspect that many foreclosures are never finished as loans are worked out or the home is sold. However, it also shows how long it takes for a foreclosure to work its way through the court system. In Florida, the average home spends 676 days in foreclosure. That is almost 2 years!

Foreclosure does not have to mean a smaller living space in a bad part of town, or a quick move. If you are facing a Florida Foreclosure Lawsuit, contact a FFlorida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a free review of your situation to find out what foreclosure options may be available to you.

If you are facing Florida Foreclosure Lawsuit, you may be unsure of what options you may have. Talking to an attorney can help wade through all the potential options and help you make an informed decision. Here are 5 foreclosure options and potential ways a talking to a Foreclosure Defense Attorney can help you.

1. Extensions and Forgiveness: A Foreclosure Defense Attorney may be able to help you gain additional time in your home and/or obtain forgiveness on some of your past due payments, late fees, and charges.
2. Lower your Monthly Payments and Interest Rate: A Foreclosure Defense Attorney may be able to help you negotiate a new, lower interest rate, which will lower your monthly payment.
3. Forbearance: A Foreclosure Defense Attorney may be able to help you negotiate a period of lower monthly payments; after which you would resume your normal monthly mortgage payment.
4. Short Sale: A Foreclosure Defense Attorney may be able to help you negotiate a Short Sale. A Short Sale is where you and the bank agree to sell the property for an amount less than what you owe on the property. The lender then agrees to release you from the loan and accept a lower amount than what they are owed. The amount not repaid is called a deficiency. In some, but not all cases, the lender will agree to not hold the borrower responsible for the deficiency.
5. Deed-in-Lieu of Foreclosure: A Foreclosure Defense Attorney may be able to help you negotiate a Deed-in-Lieu. A Deed-in-Lieu is where the borrower conveys the property to the lender in order to satisfy the loan that is in default and avoid foreclosure. There are several advantages to both the borrower and lender. One advantage to the borrower is they are immediately released from most or all personal indebtedness associated with the loan in default. A Deed-in-Lieu also hurts your credit less than a foreclosure. The benefits to the lender include less time and cost spent repossessing the property, and a lower risk of vandalism to the property by the borrower.

If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Lawyer or a JFlorida Foreclosure Defense Lawyer today for a complimentary case review to see if any of these options could be available to you.

Prices and volume of home sales in Jacksonville were on the rise in August, a rise that the Northeast Florida Association of Realtors says means housing market recovery may have started. The news displayed a broad strengthening in regional real estate markets; year-over-year improvements in sales, pending sales, median prices and inventories.

The North East Florida Association of Realtors data shows North East Florida real estate hit a bottom this year and is now starting to recover. The median sales price rose 2.2 percent during August, and average sales price between August 2010 and August 2011 jumped from $169,658 to $180, 823, respectively. Another welcome sign was that the number of distressed home sales accounted for 51 percent of all sales in August 2010 and only 43 percent in August of this year.

These numbers are trending in favor of North East Florida Homeownership. With the hard work of homeowners, attorney's, and banks collectively, the market will continue to thrive.

A big piece of this puzzle is getting help when help is needed. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to determine what foreclosure alternative options may be available to you.

Even though homeowners facing foreclosure in Florida have had to fight the expedited procedures of rocket docket and giant foreclosure mills trying to push thousands of foreclosures through the courts at a rapid pace, along with foreclosure processing companies creating and "robo-signing" fraudulent foreclosure documents, there are still over 125,000 properties in some stage of the foreclosure process in Florida.

In the first quarter of 2011, 1 in every 152 housing units in Florida were in foreclosure, which constitutes the lowest level the state has seen in the last four years. The drop in foreclosure numbers has done little to alleviate the foreclosure backlog in the courts. Some foreclosure observers point to the demise of the Law Offices of David J. Stern and its subsequent dumping of 100,000 active foreclosure cases into the Florida foreclosure system.

While Florida Foreclosure lawsuits appear to be on the decline, many experts are saying this may be the calm before another storm. If you are facing a Florida Foreclosure Lawsuit now in the near future, contact a Jacksonville Foreclosure Defense Lawyer or a Florida Foreclosure Defense Lawyer today to see what foreclosure defense options may be available to you.

Online bill-paying systems make paying bills easier than ever, leading many people to pay for bills on a date more convenient for them - instead of waiting for the physical reminder in the mail. However, you might want to think twice about paying too early. For one South Florida woman, paying too early left her in foreclosure.

Sharon Bullington is 78 years old and lives with her terminally ill husband. Though they are currently underwater on their mortgage, the couple wanted to remain in their home. Bank of America approved a loan modification with one caveat -- the Bullingtons had to officially "default" on their payments before beginning the modified payment plan. Their payments were reduced, and Mrs. Bullington made her first payment under the plan on December 23. However, that payment was meant to apply for the following month of January. She made another payment in January, however the money remained in her banking account for some time. When she asked the bank why they hadn't withdrawn the money from her account, they told her she entered the wrong routing number. The bank then kicked the Bullingtons off the modification plan.

Mrs. Bullington wrote to Bank of America's president, Brian Moynihan. His assistant informed Mrs. Bullington that payments must be made in the month in which it is due. Further, once initiated, foreclosures cannot be stopped. In other words, because Mrs. Bullington made her January payment in December, she didn't pay it "in the month it is due." Bank of America accepted her payment, but nevertheless foreclosed on her.

Mrs. Bullington has received a fare amount of media attention, and Bank of America says it will take another look into the case. While Mrs. Bullington's case is an extreme example of tactics banks may use, it is important to remember that thousands of Floridians are still facing foreclosure. If you are facing foreclosure, you should contact a Jacksonville Foreclosure Defense Attorney to discuss what options may be available in your individual case.

A Detroit homeowner is bringing suit against her two lenders after she was denied a loan modification, which, if she prevails could start a trend of denied homeowners running to court to sue their lenders. The homeowner, who could no longer afford her mortgage payments after getting a divorce, applied for the Federal Home Affordable Modification Program (HAMP) in an attempt to save her home. Her lender, Bank of America, told her she had to be behind on her mortgage before she could be considered for HAMP.

So, taking the advice of Bank of America, she stopped making her mortgage payments. Shortly after missing her payments, she received a letter from Bank of America approving her for a temporary modification but a short time later she received an additional letter from Bank of America saying her modification was denied because she made too much money. As a result, the homeowner has sued both Bank of America, the servicer, and Fannie Mae, the owner, for inducing her default then denying her modification. Bank of America says that Fannie Mae, as the owner of the loan, is the entity that denied the modification.

Hopefully, the homeowner prevails in this suit as millions of homeowners experienced similar circumstances when attempting to get HAMP modifications. Many people have called the HAMP program an abject failure as the majority of those homeowners who obtained loan modifications fell out of their modifications, either forcibly or voluntarily. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer today to see what foreclosure alternative options may be available to you.

Wells Fargo, which purchased Wachovia in 2008, has reached a settlement with investors which claimed Wachovia misled investors on the sale of securities between 2006 and 2008. Investors have accused Wachovia of intentionally misrepresenting the "quality of assets linked to the mortgage portfolio of Golden West Financial." The marketing material in question emanates from the marketing of 30 bond and security sales which totaled more than $35 billion, much of which came from "pick-a-pay" loans or option adjustable rate mortgages.

Mary Eshet, a spokesman for the bank, agreed to the $590 million settlement "in order to avoid the distraction, risk and expense of on-going litigation" and "does not constitute an admission of Wells Fargo of liability or any violation of law by Wachovia." Attorney's representing the investors stated "these settlements reflect an outstanding result for bond and preferred security purchases who were damaged as a result of false and misleading offering materials."

As many investors take to the courts to try to undo the damage done to them by the unscrupulous lending activities by many banks, where is the justice for the homeowners. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Lawyer to determine what foreclosure defenses may be available to you.

ThinkProgress.org is reporting that a former VP with Goldman Sachs changed his name and later went to work with California Congressman Darrell Issa. Last month, Issa apparently sent a letter to government regulators asking that they provide justification for the government's new regulations. Such letters are usually not written by congressmen themselves; instead, members of their staff usually write letters many of these letters for them. It's common for the letters to conclude with the name of the actual author, and some of Issa's letters were apparently written by a Peter Haller.

The letter Mr. Haller wrote on Mr. Issa's behalf resembles many in the banking industry's desire to avoid governmental regulations on derivatives -- derivatives similar to the ones that helped bring down the economy in 2008. The problem is that Mr. Haller is actually Peter Simonyi, a former Goldman Sachs VP who left the bank in 2008. Further, Mr. Issa sits on the Oversight Committee, which traditionally investigates major corporate scandals but has recently shifted away from that.

This allegation is another cog in the wheel of the banking industry's recent scandals, including robo-signing and illegal repossessions. If you are facing a Florida Foreclosure Lawsuit, contact a Jacksonville Foreclosure Defense Attorney today for a complimentary consultation.