NLG Blog

In the state of Florida, lenders have the right to pursue deficiency judgments against homeowners following foreclosures or short sales. That is, the bank can seek to recover the difference between the value of the original loan and the amount for which the property later sold at foreclosure auction or short sale. For some people,…

A few years ago, little if any challenge was raised on the issue of who had the right to foreclose on a property. The lender would simply show evidence that the borrower had defaulted on the mortgage and take possession of the property. That kind of straightforward process can no longer be counted on in…

One of the best ways to fight off a foreclosure is to stop it before it’s ever filed. Foreclosure filings are initiated for non-payment of the mortgage. But the reasonsbehind the default are varied. It’s not always a matter of an inability to pay. In some cases, the foreclosure proceeding is initiated following disputes over…

The worst thing a homeowner can do in a foreclosure case is nothing. The second-worst thing is coming to court unprepared. Borrowers can sometimes successfully challenge the validity of a foreclosure if they can prove that the bank didn’t properly record successive transfers of control of the loan. This was a widespread problem during the…

In a decision that could impact future filings in other jurisdictions, the Minnesota Supreme Court has ruled that an individual has standing to bring a claim against amortgage servicer for violations of the federal Home Affordable Modification Program. Earlier rulings in the case of Gretsch v. Vantium Capital, Inc. >held that the individual borrower lacked…

In January 2014, the Neustein Law Group obtained a Final Judgment to cancel out the Promissory Note and Mortgage and successfully Quieting the Title on the property of an owner who was being sued in a foreclosure action in Broward County, FL. In February, the Lender filed a Notice of Appeal. However, the Appeal was…

In the State of Florida, the foreclosure process is just like it would be for any other lawsuit. Florida is a judicial process state. This means that the Bank is required to file a lawsuit. The process begins with the filing of a Lis Pendens and the filing of the Complaint of Foreclosure. The process…

IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FORBROWARD COUNTY, FLORIDA CASE NO.: CACE12035126SECTION: 11 VPH NPL JKC 57 TRUST,Plaintiff,vs.ALEX MANUEL DUENO, et al.,Defendants SUMMARY FINAL JUDGMENT FOR DEFENDANT, ALEX M. DUENO AND QUIETING TITLE AND CANCELLING NOTE THIS CAUSE came to be heard before the undersigned Judge in open Court on…

The Florida Deceptive and Unfair Trade Practices Act is often referenced with regard to violations against consumers. But the FDUTPA can also be used in filing a Miami commercial litigation lawsuit where two competitors are in a dispute. The key is that competitors bringing the action need to show not only that there was a…

Today, more people than ever are seeking relief from debt in the form of a Chapter 13 bankruptcy filing. That’s partially due to the fact that tougher bankruptcy regulations passed just before the housing market crash made it harder to qualify for a Chapter 7 liquidation bankruptcy. Additionally, Chapter 13 plans tend to be a…