Are Promissory Notes Required in Foreclosure Cases?
When you signed the daunting pile of paperwork during the closing on your home purchase, one of those pieces was a promissory note. A promissory note provides evidence of you borrowing money from your lender – most likely a bank, but this can be a private individual as well. These notes, due to thei ...
When Tenant Responds Within 15 Days of Receiving Landlord's 'Notice of Intent to Make a Claim" What is Landlord's Next Step?
When you enter into a rental agreement with a tenant, it is expected that both parties will uphold said agreement. Unfortunately, that is not always the case. While most tenants do fulfill their end of the arrangement, a select few do not. When this occurs, you can find yourself with damages, unauth ...
Can a Management Company Refuse a Late Rent Payment?
When financial burdens strike – it can be devastating. Not only does it affect your morale, but it can hinder your ability to pay the most necessary of bills: your rent. In an attempt to save yourself from eviction, you go down to the property manager’s office to make a partial payment. Horrifyingl ...
What Happens After a Judicial Default has been Granted on a Foreclosure?
The foreclosure process comes with a lot of different actions, paperwork, and notices. For the average person, all the paperwork and hearings can be confusing – and at times, frustrating. One of the actions that you may see during the course of your foreclosure is the judicial default. Technically s ...
Can the Bank Collect Past Due HOA Fees After a Foreclosure Judgment?
You worked hard to be able to purchase that home or condo. You sign your papers, you move in… And then tragedy strikes. You get sick, injured, or suffer the hit of cut-backs at work. You’re unable to pay your home owners association fees, and before you know it, you’re missing mortgage payments. The ...
Can a Servicer for a Trustee File a Deficiency Judgment?
Having to endure the foreclosure process can be a difficult experience. You’ve had to relinquish your home, find new lodging, and tolerate months of paperwork and phone calls from the bank. Just when you think it’s all over, suddenly you hear the term deficiency judgment. A deficiency judgment is a ...
In a Foreclosure Case, is Dropping a Party the Same as Voluntarily Dismissing the Case or Releasing the Lis Pendens?
When you are in a foreclosure case you may hear different words and phrases like “dropping a party”, “voluntarily dismissing the case” and “releasing the lis pendens”. You may find yourself questioning what these phrases mean and if they mean the same thing. The answer is that they all mean somethin ...
How to Respond to a Foreclosure Complaint After Signing a Quit Claim Deed
If you have signed a Quitclaim Deed as a result of divorce, or any other reason, that means that the owner of the property, the “grantor”, removes any legal interest and gives it to the recipient, the “grantee”. By doing this, the grantor terminates their right to claim the property, so naturally th ...
If a Bank Sends a Letter Stating They are Forgiving a Mortgage and Have Decided Not to Foreclose, Can You Trust it?
Even the faintest hint of a foreclosure is enough to give any homeowner nightmares. For the homeowner that has missed mortgage payments, the idea of foreclosure is even more frightening. After receiving notice after notice concerning default payments and defending threats of an impending foreclosure ...
Why is the U.S. Bank v. Bartram Case Important?
A court decision issued last year has serious implications for Florida homeowners. In U.S. Bank v. Bartram, decided last April, the Fifth District Court of Appeals held that each default that occurs after a failed foreclosure attempt creates a new cause of action for the lender for statute of limita ...
