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Category Archives: Foreclosure Defense

ForecDef

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 »

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Florida Supreme Court Case Could Determine Future of Foreclosure Defense Cases

By Moran, Sanchy & Associates |

A new Florida Supreme Court case that involves foreclosure defense and the ability for attorneys to collect attorneys’ fees is gaining widespread attention, as well as concern from those who bring these types of cases if/when lenders are quickly (and possibly mistakenly and/or in bad faith) foreclosing on property. Not only could the case… Read More »

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The First Steps in Preparing Your Foreclosure Defense

By Moran, Sanchy & Associates |

Foreclosure is, unfortunately, a reality that many Americans have to deal with, especially as our economy and the job market continue to change. In April alone, there were more than 64,000 properties with a foreclosure filing nationwide. There are a number of housing markets where foreclosures are picking back up. Typically, a foreclosure starts… Read More »

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New Florida Law Addressing Foreclosure Defense after Bankruptcy Explained

By Moran, Sanchy & Associates |

In late March, Governor Rick Scott signed a bill into law that affects foreclosure defense in the state of Florida. Specifically, Senate Bill 220 addresses the property rights of defendants with respect to the overlap between bankruptcy and foreclosure proceedings. Below, we provide some clarifications when it comes to contesting a foreclosure after bankruptcy… Read More »

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South Florida Court Raises Questions for Foreclosure Defense Cases

By Moran, Sanchy & Associates |

A recent foreclosure defense case out of South Florida has many borrowers concerned. Specifically, in this case, although the borrowers ultimately won the case against the bank, they were not awarded attorneys’ fees. Below, we discuss some additional details of the case and decision, and also provide some guidance on how those of us… Read More »

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$5 Million Foreclosure Settlement against Bank of America Finalized

By Moran, Sanchy & Associates |

Bank of America is once again in hot water when it comes to improper foreclosure-related practices: The banking giant reached a $5 million settlement with the federal government during the first week of January.  The settlement covers various False Claims Act allegations brought by several individuals; a case which the federal government intervened in…. Read More »

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Foreclosure Defense Case Could Have Major Implications for Homeowners

By Moran, Sanchy & Associates |

A major case to recently come out of the Maine Supreme Court could have implications for foreclosure defense cases all over the country: In September, the Maine Supreme Court ruled that the mortgage company was barred from bringing another foreclosure lawsuit against the homeowners after the lower court dismissed the lawsuit. The ruling is… Read More »

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The “Standing at Inception” Rule In Foreclosure Defense Cases

By Moran, Sanchy & Associates |

The standing at inception rule requires that lenders prove that they have the right to enforce the note on your home and mortgage at the time they file their complaint in court. It is an important rule that often makes the difference regarding whether a given homeowner ultimately wins or loses their foreclosure case…. Read More »