Will Applying for a Loan Modification Restart the Clock on the Statute of Limitations in a Foreclosure?
It can be unnerving when a homeowner is behind on the mortgage and unsure of exactly when the foreclosure process is going to result in the locks being changed and the possession of the house moving to the bank. Timelines and statutes of limitations are different in every state and in every situatio ...
What is Non-Jury Trial in a Florida Foreclosure?
On March 22, 2013 Administrative Order 3.312 became effective. This order states that any cases filed more than three years ago were being set for mass trials. The purpose of this is to help move cases along and reduce foreclosure backlogs. However, it can also flood the market with foreclosure sale ...
What is an Order Strike Notice for Trial?
Updated:6/2/23 When you receive an order strike notice for trial, it means that the trial that was scheduled has been postponed. This usually occurs when one of the parties involved in the court action files a motion to get the trail date re-scheduled or delayed for some reason. It’s an order tha ...
Is it Possible to Save a House That is in Foreclosure if You’re Separated, Soon to Divorce and the Loan is Not in Your Name?
Divorce is hard enough, but now and again unpleasant circumstances become even more complicated. This is frequently the case with foreclosure, which these days is often an uninvited guest during divorce proceedings. But if you’re in the middle of a divorce and facing the prospect of foreclosure, don ...
Under What Circumstances Are You Required to Pay Your HOA's Legal Fees to Protect Their Own Interest in a Foreclosure Case?
Unless otherwise stated in their governing documents (declaration and bylaws), HOAs may collect attorney fees only when those fees are incurred as a result of past due assessments. So if your assessments are up to date, your HOA has no statutory basis to pass on their attorney fees to you. When a ...
Should a Homeowner be Concerned About a Stipulation for Substitution of Counsel in a Foreclosure Case?
A stipulation for substitution of counsel is a common motion filed during foreclosure proceedings to signal that a new attorney has taken over the plaintiff’s case. Though a motion to change counsel is generally no source for concern, chances are the new attorney will look at the case with fresh vig ...
At the Foreclosure Trial, if a Bank has no Proper Ownership to Foreclose Can They Proceed With the Foreclosure?
Foreclosure can be a puzzling and overwhelming process that often leaves homeowners in a daze. If you’re wondering whether your bank has the legal right to foreclose on your home, you are not alone. Due to mortgage lenders’ routine practice of selling or reassigning servicing rights, homeowners are ...
Once a Foreclosure is Filed, How Long Does a Lender Have to Complete it Before it Expires?
Unfortunately, foreclosures happen more often than we would like. The consequences of a foreclosure are tough, and even people who think they have it all together have a chance to fall into a hard time. There are a lot of questions swirling about foreclosures, so here is the answer to this one: once ...
Can a Law Firm or Lawyer Tell a Homeowner That They Can and Will Get a Loan Modification?
Many lawyers agree that is improper and unethical for a law firm or lawyer to guarantee results in any case and to tell a homeowner that they can and will get a loan modification. If a lawyer is guaranteeing you that they will get you a loan modification, run the other way. If this is the case it is ...
If an HOA Has Filed for a Default Motion in a Foreclosure Case to Quickly Take Your Home, What Can You do to Stop Them?
One party can request a default motion if the other party has failed to file or serve any documents within the 20 days after the date the petition was serviced. A motion for default will allow you to have an earlier final hearing to help finish your case. If your HOA has filed for a default motion i ...
