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The Current State of the Paragraph 22 Defense in Florida

For years, homeowners defending mortgage foreclosure actions have raised what is commonly referred to as the paragraph 22 notice defense. They have asserted as an affirmative defense to mortgage foreclosure actions that their mortgage has certain very specific notice requirements that the lender must give prior to accelerating the amounts due under the mortgage. Homeowners and their defense attorneys previously argued that the lender must strictly comply with these requirements. ...

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How Do Tax Deed Sales in Florida Work? What Liens Survive?

orlando real estate attorney closing lawyers dewitt law firm

A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent. Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is referred to as a Tax Certificate Sale...

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Homebuyer claims diet pills caused auction mistake

Florida Attorney Moses DeWitt

South Orange County resident Mary McKaig said she had been confused after taking "judgment-altering" weight-loss medication for the first time and mistakenly bid more than $100,000 at a Feb. 19 public auction for a house that — unbeknownst to her — was saddled with more than $400,000 of debt, according to court documents filed by her attorney. Immediately after submitting the top auction bid through the Orange County court auction process, McKaig realized she made a mistake, according to the court records. She hired an attorney to try to undo what she had just done. McKaig and her husband "basically dumped $100,000...

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Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida Statute. Recently, I handled a Dyck-O’Neal case where Dyck-O’Neal basically killed their entire case for a deficiency judgment with their faulty legal documents. A careful review of these documents showed that the notice of assignment of debt required by section 559.715, Florida Statute occurred before Dyck-O’Neal was assigned the debt, making the notice invalid. In their Complaint, Dyck-O’Neal alleged that Bank of America assigned them the Judgment and Note...

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DeWitt Law Firm, P.A.
Business Address:37 North Orange Avenue, #840,Orlando,Florida,32801,US |Tel: 407-245-7723 |Email: dewitt@dewittlaw.com.
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