Veterans Day is an official United States federal holiday that is observed annually on November 11, honoring people who have served in the U.S. Armed Forces, also known as veterans. Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761 Phone: (727) 410-2705; […]
The Fourth District Court of Appeal of the State of Florida,held that res judicata does not render a mortgage unenforceable or preclude a subsequent foreclosure action based on a default not alleged in the prior action. The mortgage and note was sold and assigned to another entity (“Lender”). Borrower defaulted on the note and failed to […]
The U.S. Court of Appeals for the Sixth Circuit reversed a summary judgment in favor of a mortgagor where the plain language of a settlement agreement ( in a breach of contract claim) did not prohibit a lender from reporting its transaction with the Internal Revenue Service (IRS). http://scholar.google.com/scholar_case?q=mccluskey+v+century+bank+sixth+circuit&hl=en&as_sdt=400006&as_ylo=2015&case=5477080525693672075&scilh=0 The Sixth Circuit concluded the Settlement Order said […]
A Broward County Judge- 17th Circuit of Florida held that a mortgage loan owner’s liability to a condominium association for unpaid assessments was not limited by Florida’s safe harbor provision at Fla. Stat. § 718.116(1)(b). The safe harbor did not apply where the loan owner was not the first mortgagee of record at the time […]
The U.S. Court of Appeals for the Second Circuit held that a defendant may remove a state court action to federal court before being formally served with process. http://media.ca1.uscourts.gov/pdf.opinions/13-2543P-01A.pdf Under 28 U.S.C. § 1446(b)(1), a defendant may remove a pending action from state to federal court at two points in time – i.e., the shorter […]
There are many recent changes to foreclosure case law that effect consumers. in an effort to keep you informed of what you may see in your foreclosure defense case, I have listed the very case synopses here. Many of these case synopsis were done by Judge Cynthia Cox in the 19th Circuit. Judge Cox’s synopsis could […]
There are many recent changes to foreclosure case law that effect consumers. in an effort to keep you informed of what you may see in your foreclosure defense case, I have listed the very case synopses here. Many of these case synopsis were done by Judge Cynthia Cox in the 19th Circuit. Judge Cox’s synopsis could […]
A case which may change how you proceed in your foreclosure defense recently came out. I have listed a brief synopsis of it below. So discuss how this may apply to your case contact us for your free consultation. The mortgage servicer argued that because the purpose of the servicing transfer notice was to provide […]
The 4th DCA decided on July 1, 2015 that a Final Judgment of foreclosure be reversed due to lack of standing, where the whole owned subsidiary rights to n the note could not be enforced by the parent company Wright v. JPMorgan Chase Bank N.A., 4th DCA Case No. 4D14-565 (July 1, 2015). The Court […]
Today, the Supreme Court decided the case of Bank of America, N.A. v. Caulkett. The Court held, unanimously that a debtor in chapter 7 cannot void a junior mortgage lien pursuant to Section 506(d)( lien strip). SCOTUS reinforced Dewsnup in holding that, the junior lien claims are secured by a lien and allowed under Section 502, […]
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