First, remember the basics. For the most part, when a bank gives a mortgage, it is not lending its own money. The bank is usually using the money given to it by the federal government. And here's the key thing.....when ... Read More
And just what does "de-acceleration" mean?
From the Florida Bar Journal, (with important implications across all of foreclosures):
Mortgages in Florida are property liens securing the payment of debt, memorialized in a promissory note. Judicial foreclosure is the primary remedy ... Read More
This appeal is from the final summary judgment of foreclosure upon cross motions
for summary judgment for mortgage and lien foreclosures. U.S. Bank
National Association, as Trustee for Structured Asset Investment Loan Trust,... Read More
Where a lender files a foreclosure action upon a borrower’s default,
and expressly exercises its contractual right to accelerate all payments,
does an involuntary dismissal of that action without prejudice in and
of itself negate, invalidate or otherwise “decelerate” the lender’s
acceleration of the ... Read More
A defense we are using quite regularly with success is that lenders are failing to comply with their pre-suit requirements. This issue was recently covered in the New York Times.
Far too often judges still just think...
YOU DIDN'T PAY ... Read More