CFPB Modification Review JURISDICTION AND VENUE This is an action for damages that exceed $15,000.00 exclusive of attorney’s fees and costs. This Court has subject-matter jurisdiction based on Fla. Stat. §26.012. Upon information and belief this Court has personal jurisdiction over Counterclaim Defendant by virtue of Florida’s Law Arm Statute, Fla. Stat. §48.193. Venue is […]

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There exists in the judicial system an idea that foreclosure trials are easy.  That only four documents are needed to foreclose on a uniform mortgage (note, mortgage, payment history, and a paragraph 22 letter). That a trial can be done in five minutes. Finally, that a bank is presupposed a victory. This idea; that foreclosure […]

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 Holt v. Calchas   KRISTY S. HOLT, Appellant, v. CALCHAS, LLC, Appellee. No. 4D13-2101.District Court of Appeal of Florida, Fourth District.November 5, 2014.Philippe Symonovicz of Law Offices of Philippe Symonovicz, Fort Lauderdale, for appellant. Pascale Achille and Brian S. Vidas of Panza, Maurer & Maynard, P.A., Fort Lauderdale, for appellee. CONNER, J. Kristy S. Holt appeals the trial […]

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The Real Party in Interest in Foreclosures Is NOT The Banks! TRANSFER TAXES Reimbursement of transfer taxes As stated in Section 71.24, Non-Reimbursable Expenses, Freddie Mac does not reimburse Servicers if they paid transfer taxes in connection with the recording of deeds conveying real estate to Freddie Mac after a foreclosure or deed-in-lieu of foreclosure. […]

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New Foreclosure Case MARK PENNINGTON, Appellant, v. OCWEN LOAN SERVICING, LLC, Appellees. Case No. 1D13-3072.District Court of Appeal of Florida, First District.Opinion filed November 6, 2014.George Gingo and James E. Orth Jr., of Gingo & Orth, P.A., Titusville, for Appellant. Curtis A. Wilson of McCalla Raymer, LLC, Tampa for Ocwen Loan Servicing, LLC, David D. […]

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