Tag Archive for: foreclosure defense

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Where to Find us on the Web

I am all over the web, you can check out my reviews,  blogs, and ratings by clients and unpaid sources.   Unlike some of my competition,  I am not shelling out  $$$ to pay Avvo, Martindale Hubbell, Google, and many others.  My reviews are from real clients, my ratings are earned.  Please support your local small business owner.

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Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: [email protected]

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Parent Company Lacks Standing to Foreclose

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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 held that absent evidence that the loan was purchased by JPM, it could not enforce the note. JPM did not introduce any purchase agreement or other evidence that it had acquired the note.  The Court also cited   Am. Int’l Group, Inc. v. Cornerstone Bus., Inc., 872 So 2d. 333,336 (Fla. 2nd DCA 2004) and  Federated Title Insurers, Inc. v. Ward, 538 So. 2d 890,891 (Fla. 4th DCA 1989).

 

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761, Phone: (727) 410-2705 email: [email protected]

Bankruptcy Court Denies Creditor’s Request to Compel Debtor to Surrender Property

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In re Trussel

2015 WL 1058253 (Bankr. M.D. Fla. March 5, 2015) (Jennemann, J.)

Secured creditor was not entitled to injunctive relief compelling debtor to surrender the property and cease asserting affirmative defenses in the foreclosure action. Evidence presented did not support the argument that debtor failed to comply with his duties under section 521 regarding the statement of intentions. Debtor attempted to reaffirm the debt, but could not reach an agreement with the creditor. The creditor’s desire to “short-circuit” the debtor’s legitimate defenses was not grounds for the relief the creditor requested.

http://www.flmb.uscourts.gov/newsletter/volume5_issue1.pdf

Carol A. Lawson, Esq., 28870 U.S. Hwy19 #300, Hodusa Towers, Clearwater, FL 33761             Phone: (727) 410-2705;   email: [email protected]