Articles Posted in florida foreclosure

A recent Florida appellate court ruling in U.S. v. Bartram spelled bad news for Florida homeowners fighting foreclosure hoping a state statute might prevent banks from continuing to pursue a foreclosure action past the five-year mark, per the statute of limitations indicated in Florida Statutes, § 95.11 (2) (c). This law indicates there is a…

Appellate courts in Florida recently reversed a number of foreclosure actions on the grounds that the bank offered inadequate notice of default to borrowers, and thereby failed to provide them with adequate time to remedy the situation before proceeding with Florida foreclosure dismissals. Our Miami foreclosure attorneys know in recent years Florida courts have grown…

Florida’s First District Court of Appeals recently reversed an earlier judgment granting foreclosure to a loan services firm that failed to produce documentation of proper standing. To its credit, the defense in Hunter v. Aurora Loan Services LLC readily admitted it didn’t have the appropriate records at the outset of the proceedings. Our Miami foreclosure…

Those who reside in a condominium, townhome or house that belongs to a common interest community typically are required to pay assessments and dues to a homeowners’ association, in addition to the mortgage. Miami foreclosure defense attorneys know if a homeowner goes into default on these HOA dues, the homeowners’ association has the right to…

Banks that seek to foreclose on a property must give homeowners proper notice of default before initiating and concluding the foreclosure process. In the recent case of Samaroo v. Wells Fargo Bank, the Fifth District Court of Appeal of Florida ruled that a bank failed to give a notice of default that complied with the…

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…