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Tag: Florida

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  • /Posts Tagged ' Florida '

Florida 4th DCA Reverses Opinion that Lis Pendens Expires at Final Judgment of Foreclosure

Previously as discussed here, Florida’s 4th DCA held that the lis pendens expired at final judgment of foreclosure. This meant that any liens filed between the final judgment of foreclosure and the foreclosure auction/sale date ...

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  • 01-28-2017
  • Foreclosure , Real Estate
  •  0 Comments
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  • 4th dCA , Florida , foreclosure , foreclosure auction , foreclosure judgment , foreclosure sale , junior lien , lien , lis pendens , mortgage foreclosure , statute

Bartram vs. US Bank UPHELD By Florida Supreme Court- Banks Can Foreclose “Forever” On Old Dismissed Cases

Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida.  Full opinion here.  As previously discussed here, the ...

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  • 11-04-2016
  • Foreclosure
  •  0 Comments
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  • bartram , cure , default , default date , defense , Florida , florida statutes , Florida Supreme Court , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , Mortgage , mortgage foreclosure , repeat foreclosures

Florid 2nd DCA Holds 559.715 Assignment of Debt Notices NOT Applicable to Foreclosure

Plain English Summary: Florida law contains a statute, 559.715, which states that anytime one of your creditors sells the debt you owe to another creditor/company, they are supposed to send you written notice by mail telling you about ...

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  • 08-24-2016
  • Foreclosure , Real Estate
  •  0 Comments
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  • 559.715 , affirmative defenses , default , fdcpa , Florida , florida statutes , foreclosure , foreclosure defense , foreclosure procedures , Mortgage , mortgage foreclosure

Florida 5th DCA Addresses Foreclosure Statute of Limitations Regarding Default Dates

The Florida 5th District Court of Appeal recently issued a written opinion in an appeal, Hicks vs. Wells Fargo 5D14-1748, on the issue regarding alleging a default date in a new foreclosure action that was outside of 5 years from the ...

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  • 11-24-2015
  • Foreclosure
  •  0 Comments
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  • Florida , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , mortgage foreclosure , repeat foreclosures

Florida Foreclosure Statute of Limitations Revisited

The 3rd DCA recently re-heard Deutsche Bank vs. Beauvais en banc which involved the statue limitations in foreclosure cases like the current pending opinion at the Florida Supreme Court; US Bank vs. Bartram. While these opinions are ...

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  • 11-17-2015
  • Foreclosure
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  • en banc , Florida , Florida Supreme Court , foreclosure

New Statute 82.045 to Remove Guest Who are NOT Tenants.

This used to be a huge problem whereby a tenant or owner would have to go through a formal eviction or unlawful detainer to remove someone from their property who never paid any rent and was not a tenant.Now, a new statute requires ...

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  • 11-06-2015
  • Landlord/Tenant/Eviction
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  • Eviction , Florida , landlord , occupant

Florida Federal Court Tightens Lawsuits Over Qualified Written Requests (QWR) for Information under Regulation X/RESPA

In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at *5 (S.D. Fla. Aug. 26, 2015), the Southern District of Florida federal court put an end to lawsuits brought by consumers against lenders regarding ...

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  • 10-23-2015
  • Real Estate
  •  5 Comments
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  • Florida , foreclosure , loan , QWR , Regulation X , RESPA , servicer

Florida Still Ranked #3 in the Nation in Foreclosures Despite Decrease

Florida’s foreclosure activity has declined by more than a third from a year ago but it still ranks as one of the highest in the nation.  The research firm Realty Trac reports that Florida has one out of 570 homes with a ...

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  • 03-24-2015
  • Foreclosure
  •  0 Comments
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  • Florida , foreclosure , foreclosure rate
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