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Category Archives: Foreclosure Defense

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Can A Mortgage Foreclosure Sale Be Unwound After It Is Final?

By Moran, Sanchy & Associates |

If the mortgage lender forecloses on your home and auctions off the property, your options for “unwinding” the sale are quite limited under Florida law. Section 702.036 of the Florida Statutes–known as the Finality of Mortgage Foreclosure statute–protected bona fide third party purchasers from challenges to their title to the foreclosed property. Outside of… Read More »

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Can I Redeem My House After The Foreclosure?

By Moran, Sanchy & Associates |

Many people who lose their homes to foreclosure wonder if there is any way to redeem the house. The short answer is, “No, you cannot redeem your house after the foreclosure is complete.” However, if the foreclosure is not final yet, you may get your house back. If you want to redeem your home… Read More »

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Can My Mortgage Lender Refile a Dismissed Foreclosure Case in Florida?

By Moran, Sanchy & Associates |

If your foreclosure case was dismissed by the court, you might wonder whether your mortgage lender can refile the case after the dismissal. Whether or not your lender can restart a dismissed foreclosure case depends on several factors. It is advised to consult with a skilled foreclosure defense lawyer in Bradenton to help you… Read More »

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How Do HOA or COA Foreclosures Work in Florida?

By Moran, Sanchy & Associates |

If you own a house or condo as part of a homeowners’ association (HOA) or condominium association (COA) in Florida, the association probably collects monthly dues and special assessments. If you fail to pay dues and assessments on time, the association could obtain a lien on your property or even initiate a foreclosure process…. Read More »

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6 Common Alternatives to Foreclosure in Florida

By Moran, Sanchy & Associates |

If you are having a hard time making your mortgage payments, it may seem that you cannot avoid foreclosure. However, you need to understand that there are several alternatives to foreclosure in Florida. In more than 50 years of combined legal experience, our foreclosure defense attorneys at Moran, Sanchy & Associates have helped thousands… Read More »

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Goldman Sachs Found Foreclosing On Homeowners When Settlement Requires “Consumer Relief”

By Moran, Sanchy & Associates |

A recent foreclosure defense article published by the New York Times highlights why it is so important to consult with a foreclosure defense attorney if a bank or lender is foreclosing on your home. The article describes the 2008 settlement entered into by Goldman Sachs (Goldman), which was required for the part it played… Read More »

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Foreclosures Spike in Florida

By Moran, Sanchy & Associates |

According to recent reports, Florida is now experiencing a significant spike in foreclosures (including bank repossessions, default notices, and scheduled auctions). Just in the month of May 2019, there was a 23 percent increase in foreclosures compared to May 2018; with one in every 1,200 homes experiencing a foreclosure filing, reflecting the third highest… Read More »

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Florida Couple Turns the Tables and Forecloses On Bank of America

By Moran, Sanchy & Associates |

A foreclosure action that was brought in Florida against Bank of America  after the bank mistakenly attempted to foreclose on them demonstrates how  homeowners  can defend themselves when it comes to wrongful foreclosure actions taken by banks. The couple paid cash when they purchased their home, which was owned by Bank of America. The… Read More »

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U.S. Supreme Court Makes Major Decision Concerning Foreclosure Under the Fair Debt Collection Practices Act

By Moran, Sanchy & Associates |

In late March, the US Supreme Court made a major decision concerning who qualifies as a “debt collector” under the Fair Debt Collection Practices Act (“the Act”). Specifically, the Court decided that a law firm representing a lender in foreclosure proceedings did not qualify as a debt collector under the Act. This decision will… Read More »

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Florida’s Significant Foreclosure Spike will Bring New Wave of Foreclosure Defense Cases

By Moran, Sanchy & Associates |

According to a report recently released by Attom Data Solutions, cities throughout South Florida (Fort Lauderdale, Miami, and West Palm Beach) are experiencing an alarming increase in foreclosure starts, with filings up almost 30 percent over the previous year. Overall, Florida, as a state, is up 35 percent in foreclosure starts, representing the highest… Read More »