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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. ...

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What to do with a House during a Divorce in Florida

In a divorce, the parties will need to decide whether to sell or keep the marital home. While some parties become very attached to the marital home or wish to keep the marital home for the stability of the children, others approach the marital home as a pure financial decision. When determining what to do with the marital home, there are essentially three options....

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DeWitt Law Firm Defeats Reverse Mortgage Company

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. ...

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Foreclosure Standing and the Pooling and Servicing Agreement

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...

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