Owning a home is a goal for many Floridians and it often takes years of planning, saving, and searching to find the property that is just right for a home buyer. Once they are into their new home, they may put down roots, build a place to raise their family, and make...
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Housing market update for homeowners in Naples
The good news for the residential real estate market in southwest Florida is that the number of distressed properties on the market is down. Foreclosures and short sales have continued to decrease from the housing market collapse which began in 2008, according to...
PROCEDURE CAN PROTECT YOU FROM IMPROPER FORECLOSURE
Sometimes being a master of procedure is how you win the day in court and protect your client from improper foreclosure. We can illustrate this point with an example from an appearance The made recently in a foreclosure case. In the case,...
LACHES MAY BE A DEFENSE TO YOUR FORECLOSURE
Under Florida Law, a borrower must plead the affirmative defense of laches in order to attempt to defeat a mortgagee's claim for foreclosure. Laches is as an equitable doctrine that is based upon an unreasonable delay on Plaintiff's part in asserting a known right...
WHAT ARE THE STATUE OF LIMITATIONS ON FORECLOSURE?
Under Florida Law, the five-year statute of limitations on foreclosure begins to run when the last payment is due unless the mortgage or promissory note contains an optional acceleration clause. When the promissory note or a mortgage contains an optional acceleration...
HIRE THE RIGHT FORECLOSURE DEFENSE ATTORNEY
Names and identifiable details have been changed to protect the confidentiality of our clients. Being foreclosed on is hard, stressful, embarrassing, and - for many people - expensive. Without the assistance of experienced legal counsel to defend your rights, a bank...