February 2010 Archives

February 17, 2010

Bank of America Forecloses on Wrong House Again

boa.pngBank of America Appears to be Foreclose on homes like a random drive by shooting writes Jonathan Turley on his blog.

The Massachusetts owners filed a lawsuit in federal court which states they paid cash for their home in 2005. This was five years before agents for Bank of America seized the house, removed belongings and changed the locks on the doors.

This is not the first time we have seen a bank change the locks and remove all of the homeowners possessions without justification. Hopefully this is not a growing trend. If you are being foreclosed on or have been locked out of your home by a bank contact a Florida Foreclosure Defense Lawyer to discuss your situation.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 16, 2010

I just got a Motion for Summary Final Judgment & Attorney Fees

How long can I stay in the home or what are my options?
It is still possible to stop the Summary Judgment and remain in the home but you need to act quickly or you could be removed from your home in as little as 24 hours after the sale.

Most Florida Foreclosure law suits are improperly filed and can be stopped, but you should discuss your situation and circumstances with a Florida Foreclosure Lawyer as soon as possible. Generally, you should start this when you first fall behind in your payments but we have had success in stopping summary judgments and even sales once they are scheduled. Whether anything can be done depends on the individual circumstances of a case.

If you are in foreclosure on your home or a rental property you should contact a Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer to discuss your options.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 15, 2010

Short Sales and Additional Liability

If I do a Short Sale on my Florida Home am I responsible for anything else? Yes you can be responsible for the difference in what the home is sold for and the loan amount + additional fees and expenses. You must get the mortgage company to release your from this liability. Many will tell you that it is not possible, but it's done all the time.

Before agreeing to a short sale in Florida, a loan modification, or a forbearance agreement, you should have the agreement reviewed by a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to make sure you understand what you are agreeing to.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 15, 2010

Amending a Florida Foreclsoure Complaint or Answer

In a Florida Foreclosure Law Suit it is possible to amend an answer once it is filed. Often this is done when there was a mistake with the original answer or the Defendant has submitted a letter on your behalf as an answer. Sometimes the lender or the person suing you amends their complaint to change out the plaintiff or to change the language in the lawsuit. Courts will generally allow a part to change a complaint or answer but do not have to. Some changes are not permitted and you should discuss any changes made with a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyers

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

February 9, 2010

Tips to Avoid Exploitation of the Elderly by a Family Member

The Trials and Heirs blog\ recently had an article about how to avoid exploitation of the elderly by a family member. They recommend

1 Getting Expert advise who knows the ins and outs of estate planning. I would also recommend using a Florida Estate Planning Lawyer who is familiar with Florida Elder Law.
2. Be careful of Joint accounts as they can take the money or create ineligibility for nursing home coverage.
3. Consider "Springing" Powers of Attorney or as we call them contingent Durable Powers of Attorney as they only give powers once you are incapacitated.
4. Choosing Wisely which may mean not choosing a family member or the oldest child because of emotional reasons.
5. Having Checks and Balances by using more than one person to make decisions and to avoid fights.
6. Selecting someone to monitor your accounts. This person can be a trusted advisor and should have the ability to question and stop inappropriate actions.

These are issues that should be dealt with in Florida Estate Planning as well as to avoid abuse of the elderly. To discuss your concerns or issues contact a Florida Estate Planning Lawyer

February 4, 2010

Graphical View of Unemployment over the last few years

According to the U.S. Department of Labor's Bureau of Labor Statistics, there are more than 31 million people currently unemployed -- that's including those involuntarily working part-time and those who want a job, but have given up on trying to find one.