Thank you for the opportunity to clear up a common misconception- an assignment of mortgage does NOT have to be signed, much less recorded with the...

Does the SOL apply differently to unsecured/underwater 2nd mortgages differently than it applies to 1st mortgages?

That is a great question! The Statute of Limitations for the foreclosure of any mortgage is 5 years. Right now there is a conflict between...

I had an agreement for Deed-in-lieu when bank transferred me to a new service provider. Do I have grounds for dismissal?

You need to have an attorney review the Deed-in-Lieu paperwork. You may have the grounds to file a motion to enforce the settlement agreement. This...

Is it legal to arrange short sale with your relative coming forth as a buyer? Any Consequences?

I get this question all the time. I cannot agree with Jonathan strongly enough! It is illegal for both you and your buyer and can result in a...

If an assignment of mortgage was recorded by MERS and they only mentioned they transferred the mortgage. Who delivered the note?

In order to prevail at trial, the bank who is suing you needs to prove that they were in possession of the original endorsed note at the time they...

In foreclosure can the borrower argue that there mortgage was assigned into a securitized trust after the closing date?

I get asked this and similar questions constantly by clients (and potential clients) who spend too much time on the internet. I agree with the...

I purchased a previously foreclosed property from a Mortgage Company that got a Certificate of Title, can I get a Writ of Posses

Unfortunately, I need to disagree with the other posters on a technicality, probably. Since you purchased the property from the Mortgage Company,...

Florida Real Estate Lien

I agree with the other attorneys who are telling you that the Realtor most likely had no idea about the liens on the property- that is no what a...

Hello, has the Supreme Court issued any comments in reference to the 5 years statue of limitation on dismissal cases..

We are all waiting for the Supreme Court to settle the conflict between the districts. You need to hire a skilled defense attorney to review the...

Mortgage is still in my name after divorce, quitclaim was signed to remove my name at divorce date, still not filed.

The first call that you need to make is to the attorney who represented you in your divorce proceedings. Your ex may be violating the terms of...