MOTION/NOTICE OF DISMISSAL

A notice of lack of prosecution is the first step necessary to garner a dismissal for "lack of prosecution." However, the law appears clear that...

If 5 year FL statute of limitations for foreclosure is exceeded, how do we go about filing quiet title to get rid of mortgage?

I endorse the advice of my fellow attorneys and recommend that you contact a lawyer who practices in foreclosure defense as soon as possible. As...

I recommend that you first speak with your bankruptcy attorney and then with an attorney who practices foreclosure defense to see if any rights or...

If the mortgage company can't produce the "power of attorney" that was used to sign the mortgage, is it a valid mortgage?

I fully endorse my fellow attorneys' advice and recommend that you begin seeking qualified legal representation immediately. The facts as you...

How do i get mortgage lender to prove they hold original note for property in a foreclosure suit.

"Holding" a promissory note (assuming the note is a negotiable instrument), is a complex proposition that may involve more than just physical...

If a banking institute is suing a lender to buy back mortgages, what's the effect of a mortgage in foreclosure?

Generally, if there is a "transfer of interest" in the subject matter of the litigation after a lawsuit has been filed, the Florida Rules of Civil...

The filing of a reply usually signals the end of what's known as the "pleading" stage making your case formally "at issue." This means that your...

Sue bank for trying to forclose on my home?

While a recent appellate decision appeared to extinguish the right of a homeowner to sue for "wrongful foreclosure," there may be other causes of...

Foreclosure? co owned, mortgage has not been pd in over 2 yrs. No foreclosure filed w/clerk of court, can they go in the home?

Your situation is unfortunately part of a much larger problem involving the so-called "property preservation" industry which takes it upon itself...

Is there relocation assistant required to be paid to foreclosed homeowners in Florida and how much?

Generally speaking, there is no mandatory requirements on the lender to offer foreclosed homeowners moving assistance. That being said, several of...