Articles Posted in Foreclosure Defense

Check out the recently released monthly real estate reports for Miami-Dade, Broward, and Palm Beach. The data indicates sales prices have reached a peak. The number of closed sales are about where they have historically been for this time of the year. And, inventory is rising. We welcome your comments about what you see in these reports and what you think this means for the future of our real estate market.

Here are the reports:

August 2022 Broward County Single Family Homes

Getting a continuance of trial before COVID-19 was fairly straightforward. Florida Rule of Civil Procedure 1.460, and the uncomplicated case law interpreting it, controlled the analysis. But as part of COVID, the Florida Supreme Court issued Administrative Order AOSC20-23 (and amended it thirteen times as the crisis progressed).

In the Order, the Court directs all judges within their circuits to strictly comply with Florida Rule of General Practice and Judicial Administration 2.545(a), (b), and (e), which respectively require judges to conclude litigation as soon as it is reasonably and justly possible to do so, to take charge of all cases at an early stage and to control the progress of the case thereafter until it is determined, and to apply a firm continuance policy allowing continuances only for good cause shown. (Emphasis added.)

The Order also requires chief judges in every circuit/county to issue administrative orders which divide cases into three categories: complex, streamlined, or general. Each of those have their own deadlines, which will be strictly enforced by the court. Id. (For foreclosure attorneys, having timelines to push cases to resolution is nothing new.)

Check out the recently released Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

July 2022 Broward County Single Family Homes

This was a mortgage foreclosure case and our defense hinged on improper force-placed insurance. After suit was filed, I issued subpoenas and gathered self-authenticating business record affidavits from my clients’ insurance company and bank to show that they always had adequate insurance coverage, and that their timely, full mortgage payments were being rejected for over a year. The plaintiff/bank voluntarily dismissed about a month after being served with those records but then they sought to deny my clients’ right to be indemnified for attorneys’ fees—claiming the bank was never the right party to file suit in the first place (even though they filed the suit under penalty of perjury stating that they were the right party).

The trial court agreed with the bank’s position and denied entitlement. We appealed and the case was pending on appeal for over four years. During that time, the appellate court requested supplemental briefings after the Florida Supreme Court issued opinions in two critical cases: Glass v. Nationstar Mortgage, LLC, 268 So. 3d 676 (Fla. 2019) (initially granting fees to a borrower but later withdrawn due to jurisdictional issues); and Page v. Deutsche Bank Tr. Co. Americas, 308 So. 3d 953 (Fla. 2020). Page was part of the reason the appellate court held our appeal in abeyance for approximately one year. Ultimately, the appellate court reversed the order denying entitlement and awarded my clients their fees. Thankfully, we also resolved the underlying matter.

Background

Check out the recently released Quarterly Real Estate Report for Miami-Dade, Broward, and Palm Beach. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often released a few months behind.

But still, knowledge is power and here is the latest:

Fourth Quarter 2021 Broward County Single Family Homes

Check out the recently released October 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

October 2021 Miami-Dade County Single Family Homes

I can hear the voices and see the faces of people telling me over the years that foreclosure work must be tedious. They say things like: “Aren’t you looking at the same documents over and over again and dealing with the same issues?” My answer to that is instant and straight from the heart: “No.” It is not remotely tedious to me. While many of the cases do involve the same loan document forms, no case or client is the same. And besides, I enjoy reviewing the details of my cases, including the notes and mortgages. (Plus, in some cases—like the one discussed in this post—the documents are not the usual Fannie/Freddie forms we most often see.) 

I also regularly lose myself listening to my clients’ stories, while learning about their hopes and fears. And I love preparing for and handling a closing, hearing, trial, or appeal. I’m still not exactly sure why I love helping people with real estate-related issues, but there is no way around it—serving people in foreclosure defense and real estate transactions is a big part of who I am.

The clients involved in this case—who I now consider dear friends connected by a wonderful story of seeking and obtaining justice—first called me in the middle of the pandemic. They were allegedly served with a foreclosure suit on August 13, 2020. The property involved is their family home. It’s where they raised their son, a pre-med college student, and where they are still raising their daughter, a top-ranked high school student.

Check out the recently released February 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

February 2021 Miami-Dade-County Single Family Homes Summary

Check out the recently released January 2021 Miami-Dade, Broward, and Palm Beach Real Estate Reports. Due to listing data being uploaded sometimes weeks after a transaction closes, these reports are often a month behind. The delay is required to make sure the reports are as accurate as possible.

Knowledge is power and here is the latest:

January 2021 Miami-Dade County Townhouses and Condos

If you or anyone you know needs help defending against foreclosure, fighting improper debt collection, obtaining a fresh start in bankruptcy, or buying, selling, or refinancing real estate, please contact us at 855-55-ROSEN or info@evanmrosen.com. Let the Law Offices of Evan M. Rosen serve you!

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