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Category Archives: Foreclosure Defense

Challenging Standing Through Close Scrutiny of the Bank’s Trial Exhibits

By Charlip Law Group L.C. |

Although it may initially appear that the borrower would be precluded from asserting a defense that the Plaintiff lender lacked standing where the mortgage foreclosure complaint alleges that the plaintiff bank is in possession of the original note, and attaches a copy of an endorsed note, a recent decision from Florida’s Fourth District Court… Read More »

Will Bankruptcy Stop Foreclosure?

By Charlip Law Group L.C. |

When facing a foreclosure, with the clock ticking, homeowners in default often consider drastic measures to save their home. In some cases, they may feel that bankruptcy is their only option. For those of you considering this devastating financial action, these are the very basics regarding personal bankruptcy and foreclosures. Related: How Will the… Read More »

Foreclosure Stripping

By Charlip Law Group L.C. |

The foreclosure process can be difficult for the homeowner who is about to lose his home.  There may be feelings of anger against the bank that is foreclosing on the home, as well as a feeling of wanting to get even with the bank for its unfair practices.  In some cases, a homeowner who… Read More »

Who Is A Mortgage Loan Servicer?

By Charlip Law Group L.C. |

Usually, when homeowners take out mortgages, they deal with the lender directly, and then the loan is later transferred to a third party known as a loan servicer. The loan servicer handles the collection of payments and applies the homeowner’s payment to the principal and the interest portions of the loan. The loan servicer… Read More »

Missed Mortgage Payments And Reinstatement

By Charlip Law Group L.C. |

There are several ways in which a homeowner can seek to keep his home before a foreclosure sale is complete.  While some of these methods, such as reinstatement, are legally required to be offered to homeowners in some states, Florida law does not mandate a mortgage servicer to allow reinstatement of mortgages as a… Read More »

Assignment Of Rents And Commercial Mortgages

By Charlip Law Group L.C. |

Commercial mortgages can be subject to foreclosure when the borrower defaults on the mortgage, similar to residential properties.  However, with commercial mortgages, the mortgage lender may include conditions in the loan agreement that may later be utilized to recoup the balance owed in the event of a default. One such condition is an assignment… Read More »

Foreclosure Defense And Appraisal Fraud

By Charlip Law Group L.C. |

When prospective home owners are applying for mortgage loans to cover some or the entire purchase price, they are often only allowed to borrow up to the value of the home to be purchased or lower.  Because of this, homes that are to be purchased through mortgage loans are appraised for value before the… Read More »

Surplus Funds After A Foreclosure Sale

By Charlip Law Group L.C. |

Most people who find themselves in foreclosure do not anticipate having any money left over after their home is sold.  Some may even expect that the bank will pursue the difference between the sale price and the amount they owe on the mortgage at the time of the sale, which is otherwise known as… Read More »

Losing A Home For Failing To Pay Property Taxes

By Charlip Law Group L.C. |

When most new home buyers purchase their home, the bank offers to pay the property taxes for the property by taking money from the home buyer monthly, putting it in escrow and paying any necessary property taxes from this account.  In some cases, home buyers may opt to keep track of their own property… Read More »

False Hope: Loan Modification And Dual-Tracking

By Charlip Law Group L.C. |

After the national mortgage crisis, several state and federal homeowner protection laws and regulatory rules were passed with the goal of prohibiting service providers from taking advantage of homeowners in trouble.  Some of these laws and rules prohibited mortgage providers from dual tracking, a process that would give homeowners a false sense of security… Read More »

Charlip Law Group L.C.

Charlip Law Group, LC is located in North Miami, FL and serves clients in and around North Miami Beach, Miami Beach, Miami, Hialeah, Opa Locka, Dania, Key Biscayne, Fort Lauderdale, Hollywood, Pompano Beach, Broward County and Miami-Dade County.

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