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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,...
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...
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...
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...