Don’t Let Your Home Be Next Real property fraud is a serious crime that can have devastating consequences for the victim. It can involve the theft of a property, the loss of a home, or financial ruin. A common type of real property fraud is the filing of false documents. In some cases, the fraudsterContinue reading “The Silent Thief: How False Documents Can Steal Your Property”
Category Archives: Foreclosure
How Title Insurance May Have Saved My Client $1 Million
When title insurance is needed, it’s worth every penny I recently assisted a client who had purchased a home in Lakewood Ranch and paid cash. My office did not handle the closing, nor was I involved in any way with the real estate closing at the time. Rather, my client hired me about 7 monthsContinue reading “How Title Insurance May Have Saved My Client $1 Million”
Florida Moratorium on Certain Residential Evictions and Single Family Mortgage Foreclosures Extended Until October 1, 2020
On August 31, 2020 Florida Governor, Ron DeSantis, signed Executive Order 20-211. The effect of the August 31 Executive Order is simply to extend Executive Order 20-180 until 12:01 am on Thursday, October 1, 2020, which has the practical effect of suspending and tolling the following items until such date and time: Any statute providingContinue reading “Florida Moratorium on Certain Residential Evictions and Single Family Mortgage Foreclosures Extended Until October 1, 2020”
I surrender. Take my house. Actually, on second thought…
The Second District Court of Appeal issued an October 2019 opinion which bolsters creditors’ rights in the recently-developing interplay of federal bankruptcy law and Florida state foreclosure laws. Specifically, the opinion addressed the effect that a bankruptcy debtor’s surrender of collateral real property has on the debtor’s ability to defend a foreclosure.
Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale
A September, 2018 opinion from Florida’s Third District Court of Appeals provides guidance on what is not a “lawful, cognizable basis” for cancelling, rescheduling, or continuing a judicial foreclosure sale date, in the absence of an agreement from the plaintiff (lender). In the case below, thirteen days before a foreclosure sale[note]This was the second foreclosureContinue reading “Short selling your home? Here’s a tip: start the process well in advance of a scheduled foreclosure sale”
A corporation by any other name…
“A rose lender by any other a slightly different name would smell as sweet still be able to foreclose.” – Shakespeare 4th DCA (more or less) Florida’s 4th District Court of Appeals has held that the omission of the word “corporation” from a corporation’s name as it appears on various mortgage loan documents, did notContinue reading “A corporation by any other name…”