Attorney Adam Diaz examines a recent case in Florida where a judgment was entered in favor of the mortgagors and against a major bank as the court denied foreclosure and rewrote the terms of the note and mortgage.
Read More »Florida Court Reverses Foreclosure Judgment
Attorney Adam Diaz details a recent decision in the Sunshine State to reverse a final judgment of foreclosure entered in favor of a lender, finding that the foreclosure was barred by the five-year statute of limitations.
Read More »Potentially Fraudulent Equitable Lien Foreclosures Continue to Plague Florida Courts
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.”
Read More »Florida Appellate Court Enforces Rules on Mediated Settlement Agreements
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.
Read More »Court Reverses Dismissal of Borrower’s Collections Claims Against Servicer
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.
Read More »After Initial Denial, Florida Court Authorizes Foreclosure on HELOC
Litigation Partner Adam Diaz discuses a recent Florida District Court of Appeals decision involving a family defaulting on their HELOC.
Read More »Foreclosure & Reverse Mortgage Holders
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.
Read More »Court: Borrower Waived Pre-Foreclosure Right to Meeting
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.
Read More »Court Opinion ‘Important Win’ for Mortgage Servicing Industry
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.
Read More »Does Negative Amortization Destroy Negotiability?
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.
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