Florida courts have seen a rise in equitable lien foreclosures in what appears to be an attempt to defraud “unsophisticated and unsuspecting third-party purchasers at foreclosure sales.”

Attorney Adam Diaz discusses a recent case where a settlement, although signed by the attorneys for both parties, was not signed by either of their clients.

Attorney Adam Diaz of Diaz Anselmo & Associates examines a recent case where the Eleventh Circuit Court of Appeals reversed a fair debt collections case involving a national mortgage servicer.

Litigation Partner Adam Diaz discuses a recent Florida District Court of Appeals decision involving a family defaulting on their HELOC.

Attorney Adam Diaz examines a Florida Supreme Court case examining the differences between a reverse mortgage and a traditional mortgage when the foreclosure process is initiated.

Bank of America argued it was not required to conduct the face-to-face meeting because after defaulting on the note and mortgage the borrowers demanded “the bank cease all communication” with them.

According to DAL Legal, a recent case reverses a dangerous precedent among the lower courts based on a misapprehension of negotiable instruments and holder status.

The Second DCA recently issued an opinion wherein it agreed with its sister court that a note containing a negative amortization provision is still a negotiable instrument.