Blind Justice in Foreclosure Court
As the "Foreclosure Crisis" has borne out over years now, there are countless horror stories and countless examples of a judicial process that should give us all great cause for concern. But after all these years, I am aware of precious few (if any) credible assertions ... Read More
The Default Letter MUST Be Correct!
We agree that Wells Fargo failed to satisfy the notice requirement of section 22 of the mortgage as a condition precedent to foreclosure.
To refute the Samaroos' affirmative defense that Wells Fargo failed to give the
Samaroos notice prior to acceleration ... Read More
The Judge's Guide To Foreclosure
1. Foreclosure is the enforcement of a security interest by judicial sale of collateral. All mortgages shall be foreclosed in equity. § 702.01, Fla. Stat. (2013).
(a) Mortgage: any written instrument securing the payment of money or advances including liens to secure payment of assessments for ... Read More
And Foreclosure Judges Dismissing Cases Does Not Accomplish This
The court order is clear. If the Plaintiff fails to show up A SANCTION OF DISMISSAL COULD RESULT.
The court order is equally clear. If the Defendant does not show up A FINAL JUDGMENT COULD BE ENTERED.
And in fact Final Judgments are busy ... Read More