Foreclosure Defense Update – Bank cannot Collect on Payments Missed

The Florida Supreme Court previously held that a lender was not precluded by the five-year statute of limitations from filing a foreclosure action, as long as the alleged subsequent default occurred within five years. However, the Florida Supreme Court failed to expand upon whether the lender is able to collect the payments missed outside of the five-year statute of limitations. In a recent Fifth District Court of Appeal case, the appellate court held that the lender is prohibited from collecting payments missed more than five years prior to the filing of the foreclosure action. ...

09 January

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DeWitt Law Firm Defeats Reverse Mortgage Company

Posted by DeWitt Law Firm, P.A.

in Foreclosure, Real Estate Law

the dewitt law firm family law attorneys orlando florida

The DeWitt Law Firm successfully defeated a reverse mortgage company who was trying to foreclose upon a surviving spouse. Based upon the terms of the mortgage, we argued that our client was a borrower and could not be foreclosed upon until either her death or until she no longer used the home as her primary residence. ...

11 July

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Foreclosure Standing and the Pooling and Servicing Agreement

Posted by DeWitt Law Firm, P.A.

in Foreclosure, Real Estate Law

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed. However, foreclosure Plaintiffs have recently begun to rely more heavily upon the Pooling and Servicing Agreement (PSA) to satisfy the standing requirement when it comes to securitized loans. While standing can be demonstrated through a Pooling and Servicing Agreement, it does not due so automatically without further additional corroborating evidence to demonstrate that the note was part of the...

08 May

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Quiet Title Actions After A Tax Deed Sale

Posted by DeWitt Law Firm, P.A.

in Foreclosure, Real Estate Law

If you have purchased a property at a tax deed sale that you wish to resell, it is imperative that you have marketable title to the property. In order to obtain marketable title, you may want to file a quiet title action. A quiet title action typically take at least 3 months, but without marketable title, a title company will not issue title insurance on the property. Without having a title company issue title insurance, it will be very difficult, if not impossible to receive fair market value for the property. After you acquire a property at a tax deed sale,...

08 October

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How to Handle Real Estate During A Divorce

Posted by DeWitt Law Firm, P.A.

in Divorce, Family Law, Foreclosure, Real Estate Law

In a divorce, the parties will have to figure out how to equitably divide the marital real property. There are four basic ways to handle real estate in a divorce...

25 August

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The Current State of the Paragraph 22 Defense in Florida

Posted by DeWitt Law Firm, P.A.

in Florida Law, Foreclosure, Real Estate Law

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. ...