Category Archives: Foreclosure Defense
What is Housing Discrimination?
Housing discrimination is an illegal practice that applies to nearly all housing situations, including private housing, public housing, and housing that receives federal funding. These housing rights are protected under the federal Fair Housing Act, which was passed by President Lyndon Johnson as part of the Civil Rights Act of 1968. … Read More »
The Coming Wave of Foreclosures
In the end, there were few repercussions felt by the banks in the aftermath of the 2008 crisis. The lessons learned were they could get away with it again. And, chances are, a lot of homeowners are about to become victims. It’s estimated nearly 10% of American households are behind on their mortgage right… Read More »
Telling Truth to Power
The judicial system works — if Bank of America was telling the truth that they were the servicer of the debt then why would they try and get Judge Butchko off the bench? Here’s a well-written opinion on what’s going on in the foreclosure world right now: Telling Truth to Power and here’s the… Read More »
Can Foreclosure be Reversed?
In Florida, there are legal pathways to stop a foreclosure even after the foreclosure auction has taken place through what is called the “Statutory Right of Redemption.” Pursuant to Fla. Stat. §45.0315, a homeowner is permitted to reverse a foreclosure sale after the property has been sold at auction if they are able… Read More »
Is It Ever Too Late to Stop Foreclosure?
As a judicial state for foreclosures, Florida foreclosure law requires that a bank or mortgage servicer must receive approval from a judge prior to foreclosing on a home. Because of this, as well as other factors in a foreclosure, the foreclosure process itself can be a long one; however, this is good news… Read More »
I Can’t Make My Mortgage Payments. What Are My Options?
Homeowners throughout Florida are in a difficult situation as the economy struggles to return to its pre-pandemic levels. If you are one of the thousands of homeowners who is having difficulty keeping up with your monthly mortgage responsibilities, know that you have options and help is a phone call away. One… Read More »
What Constitutes Squatting in a Foreclosed Home?
Homes that have been foreclosed upon sometimes sit empty for a period of time, and when they do, it presents a perfect opportunity for squatters to take up residence in the home – and to live there rent-free. If they stay long enough they may, over time, be able to gain ownership rights… Read More »
Predatory Lending and Loan Servicing
Why would a bank defy a court order to answer questions about possible fraudulent documents? We should find out on June 25th. For a full write up, read the following article: Miami judge warns big banks to stop playing cruel foreclosure games
How Many Payments Do You Have to Miss Before Your House is Repossessed?
Having your house repossessed means your mortgage lender or servicer has taken back your property after you have defaulted on payments. Homes can be repossessed because mortgage loans are a type of secured debt in which the lender has an ownership stake in the borrower’s property. Contractually, the bank is allowed to take back… Read More »
Alleged Perjured Testimony and Robo-Signing From the Banks
Friday, June 25th is going to be an important day. Judge Beatrice Butchko of the Miami-Dade Circuit Court ordered a partner at Akerman and his clients to a hearing about their alleged perjured testimony during an evidentiary hearing. This all circles around predatory behavior the big banks have continued to have towards homeowners struggling with… Read More »
