Florida Estate Planning Lawyer Blog

An Indianapolis foreclosure attorney was recently sentenced in federal court to three years probation and almost of 300 hours of community servce for defrauding Citifinancial of thousands of dollars through a foreclosure fraud scheme. While working for Citibank, the attorney was required to submit a bid at sheriff's sale on foreclosed homes, sell the home through legitimate means and submit the proceeds of the sale to Citifinancial. Instead of following these proscribed procedures the attorney submitted inflated bids and had arrangements for family and friends to purchase the homes. The purchase price for the home made by his family and friends were for a few thousand dollars more than the Citifinancial minimum bid and the attorney would not send the profits to Citifinancial.

Foreclosure Lawyers in Jacksonville Florida have seen a significant increase in the number of Foreclosure cases in Duval County over the past several months. Many individuals who are currently going through loan modifications are seeing the banks file foreclosure cases on them as the same time as they try to modify their loans. It is important not to ignore the Jacksonville Foreclosure case while you are talking with the bank even if they tell you they will put the case on hold. The cases often proceed and you can loose your right to defend your case if you do not respond timely. To discuss your situation with a Jacksonville Foreclosure Defense Lawyer contact a Florida Foreclosure Lawyer or use the contact us form on this page.

Bank of America settled a class-action lawsuit stemming from their acquisition of Countrywide Financial based upon predatory lending practices in eleven states including Florida. The funds provided by this settlement includes lowering of interest rates, lowering principal, no loan modification charges, and waiving prepayment penalties. This new program was launched by Bank of America in December. For more information on this see the Florida Foreclosure Defense Lawyer's Blog

If you have been served with a Florida Foreclosure Lawsuit or if you have concerns about the practices of your lender, contact a Jacksonville Foreclosure Defense Lawyer . Many Florida Foreclosure Lawyers are very adept at spotting this type of violation and providing the homeowner with a defense to a Florida Foreclosure Lawsuit.

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

In Jacksonville a Florida Foreclosure Lawyer uses many laws that regulate the mortgage lending process to defend your Jacksonville Foreclosure. The first step is to determine what laws and issues apply to your case by doing a careful analysis of your specific circumstances.

When you talk with a Jacksonville Foreclosure Lawyers its important to determine your objectives from the start and make sure that if they are met, you will be able to afford the home and are just not delaying the inevitable. Do you want to keep the home, reduce penalties, clear your credit, or simply dispose of the home with as little damage to you as possible?

Its important to know whether your current loan was the original loan or a later refinance of the original loan and the date the loan was taken out. There are certain remedies that expire and before perusing a remedy it is important to know whether it will still be available.

We also want to know whether you were given false or incorrect information about your loan or the terms of the loan were change on you at the last minute. Sometimes a mortgage broker fills out incorrect information or steers you into a loan that makes them more money but is harmful to you and your family.

It is also important to look at how each payment was applied and that it was applied correctly. Many banks apply the funds incorrectly to their benefit in order to maximize fees and penalties.

In Jacksonville and the surrounding counties of Clay, St. Johns and Nassau, the courts have implemented a mandatory mediation that will be at the beginning of any new foreclosure lawsuits. It is important to have legal representation at this foreclosure mediation so that you are not talked into a bad deal. The banks will be represented by lawyers and they will be trying to get you to waive future rights and remedies that you may have. You should contact a Jacksonville Foreclosure Lawyer to discuss what options you have and how save your home or achieve your goals.

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

A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Apple Law Firm has Jacksonville Civil Trial lawyers as well as Jacksonville Criminal Trial Lawyers. We Deal with Family law, criminal, trust, will, estate planning, foreclosure defense, probate, guardianship, and asset protection issues. Many cases never go to trial and are settled by a Jacksonville Trial Attorney long before seeing a court room. If you would like t discuss your circumstances or what options you have to protect your rights please contact a Jacksonville Trial Attorney today.

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

In Jacksonville Florida including Duval, Clay and St. Johns Counties, all new residential foreclosure lawsuits are directed to a "Mediation with the Lender". While some who participate in these mediation feel they are getting a good deal, most do not realize what they are actually agreeing to when an agreement is reached. It is important to be represented by a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyer before attending one of the court ordered Foreclosure Mediations.

We have seen many cases, where the purported owner of the note tries to get the home owner to agree that they are the real party in interest and have the right to sue the homeowner. The agreements try to get the homeowners to waive all future rights to defenses and counterclaims for the improper actions of the people who are have filed the lawsuit. The agreements also cost the homeowner more than if they preformed under the existing loan and set the homeowner up for a future default and foreclosure.

Without someone who understands the terms of these agreements to represent you and negotiate, your outcome will likely be worse than the agreement you are presently in. While your payment may be lower in the short term, the reduction and past due amounts will be added on to the end. Another trick they try to pull is to let the interest rate float in 3-5 years. This will likely make your future payments much higher than they are now.

If you anticipate the need for a loan modification, or are expecting or have been served with a Florida Foreclosure Lawsuit contact a Jacksonville Foreclosure Defense Lawyer or Florida Foreclosure Defense Lawyer for a free consultation on what your options are and how to protect your home.

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

Florida Commerical Foreclosure Case Law Update

Recently a Florida Court ruled that a Certificate of Authority is not required for a borrower to foreclose of a commercial property.

Summary -Mortgage foreclosure -- Commercial property -- No merit to borrowers' argument that national bank's failure to obtain and hold a “certificate of authority” from Florida Department of State precluded bank from transacting business in Florida, including securing, collecting, and enforcing debts, mortgages, and security interests -- State cannot require a national bank to register or file as a “foreign corporation” in order to maintain a lawsuit in a state court -- Statute prohibiting foreign corporation from transacting business in state until it obtains certificate of authority is expressly preempted as applied to all national banking associations -- Borrowers' contention that factual issues exist as to amounts owed is without merit where borrowers at no time offered a contrary calculation of monies owed, but merely contended, by way of affidavit in opposition to bank's motion for summary judgment, that they do not owe the amounts alleged by the bank -- Order entering final summary judgment against each mortgagor and against guarantor was appropriate.

35 Fla. L. Weekly D557a

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

Continue reading "Commercial Property forclosure and Certificate of Authority" »

Bank 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.

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.

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.

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.

If you live in Jacksonville or anywhere in Florida and are facing a Florida Foreclosure Lawsuit or facing the foreclosure on your home in the future there are somethings you should know.

In Florida a foreclosure process my proceed in the courts. This is because Florida requires a Judicial Foreclosure with court supervision. Once you fall 30 days behind on your payments the lender can file a foreclosure lawsuit against the owners and tenants of the home. Most foreclosures happen when you become at least 60-90 days late on your payments. When this happens the bank or servicing bank will not accept any more payments from you.

The first thing that happens is a foreclosure notice will be filed. You then have 20 days to file an answer to the lawsuit or some other document with the court. You can also file a motion asking for more time or a motion to dismiss. It is important not to ignore this notice as the bank can obtain a default judgment if you do not file a response. Under Florida Foreclosure law, you can still save your home before it is sold if you pay off the note. Most individuals do not have the ability to do this.

It is important to discuss your circumstances and goals with a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyer to determine what steps are appropriate for your circumstances.

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

a Jacksonville Foreclosure Lawyersknows that foreclosures in your neighborhood hurt property values. Good news for Texas residents, Today they have help in dealing with property values and the taxes related to them.

Homeowners in neighborhoods that have been hurt by homes with foreclosures might find some relief. The new Teas law requires appraisal districts to consider properties that have been foreclosed on when determining a home’s value. Homeowners in other states including Texas and Florida have complained that appraisal districts have excluded foreclosed properties and those with distressed resale values when setting some home values.

With as many as 1 in 6 homes in Florida facing a potential foreclosure, these values must be used to help determine real market value of the homes in an area.

If you need help determining if Florida Foreclosure Defense is a viable option in your circumstances contact a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to review your circumstances.

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

Florida is not the number 2 state for Foreclosures as it moves ahead of California with 1 of every 165 homes in danger of becoming bank-owned reported the Palm Beach Post.

Many properties that sold in 2003-2006 are now upside down and if people loose their jobs, they risk not being able to pay their mortgage or sell their home. In November there were more than 3300 foreclosures filings. While this number is similar to October's number it is 26% greater than in 2008.

With 1 of six foreclosures in the US being reported in Florida, there a greater risk of foreclosure in Florida than in most states.

If your home is in Foreclosure, or your are at risk of a Florida Foreclosure, or are in the process of attempting a loan modification, you should contact a Florida Foreclosure Lawyer to discuss your options and what rights you have. Often families faced with foreclosure in Florida may find that there are defenses to the foreclosure and counterclaims that can help them stay in the home and may be a better option than walking away or doing a short sale, or a loan modification.

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

As a Florida Foreclosure Lawyer we notice trends that would lead you to believe that the banks are using HAMP to collect fees and not to actually help people. A recent article on PUBLICCITIZEN a Consumer Law & Policy Blog has an article by Alan White where they quote some of the HAMP Conversion rates. It would appear from the very low rates, that there is an intentional effort not to approve, or to allow many into the program who they know will not qualify. The these numbers are compounded further by those who wait months to try to receive approval for temporary modifications.

As of August 2009, Bank of America had only accepted 59891 temporary loan modifications, while this may seem like a lot, they only converted 98. That means they collected fees from more than 600 people for every conversion. With All of the fees go to the servicer, It easy to see how Bank of America and other Banks are padding their bottom line at the expense of the American Consumer.

The bad news is that even those who are eventually approved find themselves in a worse position than if there was no loan modification. While the current payment is lower, many will actually end up paying more for their home than if they were able to perform under the original note. Since a prerequisite of the program is your upside down in the home (but not too much- we would not want to help those who really need it) maybe its a good that few of the HAMP modifications are actually approved.

If you are stuck in limbo contact a Jacksonville Foreclosure Lawyers who helps clients from many states who are subject to a Florida Foreclosure by Contacting us to discuss your situation, goals, objectives, and ways we can help.

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