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Category: Uncategorized

We won another trial recently.  Both the Plaintiff and the original lender were Suntrust.  For some reason, the Plaintiff moved to substitute to Fannie at the outset of trial.  I argued prejudice and fairness – considering our motion for leave to amend our answer and affirmative defenses was just denied 5 weeks ago, Plaintiff’s motion… Read More

Foreclosure Defense, Uncategorized

It’s been a few days now since the oral argument was completed in an appeal of one of our foreclosure cases.  Legal issues are rarely cut and dry and while this case seemed to be, it invariably was not.  Months and months of preparation boiled down into 16 minutes of argument and as the buzz… Read More

Bankruptcy, Debt Defense, Foreclosure Defense, Real Estate, Uncategorized

HB 87: Henry Trawick, the Godfather of Civil Procedure and the Rule of Law Speaks… “The enactment of §702.015 is useless, unnecessary and will not expedite the foreclosure process. It gives inadequate remedies to persons who may be seriously injured. It does not give any consideration to existing law on several points. The real problem… Read More

Debt Defense, Foreclosure Defense, Real Estate, Uncategorized

Finally!  Regulators, Law Enforcers, and Politicians Ring Alarm Bells over Document Fraud.  Question Proposed Remedies. Suspicious signatures. False addresses. Unauthorized signers. Omissions of authentic signer identification. Rights of the public violated. Replacement documents when no originals had been executed. Predictions of onslaught of lawsuits. Florida Department of Law Enforcement investigating. Lawyers for Obama and Romney… Read More

Uncategorized

Must read highlights of this incredibly well written piece below: “Everyone knows that he is fantastically rich, having scored great success, the legend goes, as a “turnaround specialist,” a shrewd financial operator who revived moribund companies as a high-priced consultant for a storied Wall Street private equity firm. But what most voters don’t know is… Read More

Uncategorized

Let’s recap a few of the summer’s bank-related headlines.  We’ve heard about top financial industries laundering money in order to arm America’s adversaries, employing racist lending practices  (see growing list of DOJ settlements with BoA, Wells, and GFI), colluding to fix a key interest rate (LIBOR), and mistreatment of financial fraud whistle blowers by government agencies (here and here).… Read More

Uncategorized

A recent article published in Rueters informs us that Wall Street is now securitizing rental income streams from post foreclosed properties now being rented out by Wall Street hedge fund types.  Only now, instead of just buying off the rating agencies to rate securities as “AAA”, as good as gold investements, when Wall Street was… Read More

Uncategorized

Still think the shadow inventory isn’t a problem?  According to a recent article in Housingwire, “only half of the previously foreclosed homes owned by Fannie Mae are either on the market or being prepared for sale. The remaining properties are currently locked away in some step of the foreclosure system. The National Association of Realtors said in its existing home… Read More

Uncategorized

All across Florida foreclosure filings are on the rise. A recent article regarding Lee County, on the west coast of Florida which includes the city of Fort Myers, illustrates this point. The Clerk of the Court there, the infamous Charlie Green, known from his disparaging remarks against “deadbeat” homeowners, stated that filings are about double… Read More

Uncategorized

In a recent study, according to AARP: • About 600,000 people who are 50 years or older are in foreclosure. • About 625,000 in the same age group are at least three months behind on their mortgages. • About 3.5 million — 16 percent of older homeowners — are underwater, meaning their home values have… Read More

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