Service of process is necessary for many reasons, but the primary reason is to make sure that a Defendant’s due process rights are not violated. If papers are not served properly upon a Defendant, the Court is not able to rule on a case relating to an individual if they were not legally made aware of it.
Continue reading "Was I Properly Served with a Mortgage Foreclosure Complaint?" »
The decision to file bankruptcy is, without a doubt, difficult. The price of a consultation is usually free though, as is the case at our offices. Why not explore your options?
Continue reading "Should I Modify My Mortgage With a Chapter 13--or Without?" »
The Home Affordable Modification Program (HAMP), also known as the Making Home Affordable program, is being used in the bankruptcy courts in SW Florida. The HAMP program was established by the government to help struggling homeowners save their homes.
Continue reading "Can I Modify My Mortgage In Bankruptcy? Yes!" »
What are your rights as a tenant when your landlord is facing foreclosure? If you are a tenant remitting payment dutifully to your landlord each month, you assume that your landlord is just as dutiful in making the mortgage payment. Unexpectedly, however, you arrive home to find a foreclosure notice on your front door. The landlord, unbeknownst to you, has not been paying the mortgage and is in default. The bank is proceeding with foreclosure, and you are left with a myriad of questions: How will this affect me? What are my rights as a tenant? Do I have to move?
Bank of America has been sued by the United States Justice Department for $1 Billion. The lawsuit alleges mortgage fraud.
Continue reading "Bank Of America Sued For Civil Fraud For $1 Billion" »
To own a home or to resist?
This is the question many Southwest Floridians are asking themselves, as their experiences with homeownership went from a dream to a nightmare. These days more and more people are asking themselves if perhaps it’s better to be a renter.
Continue reading "Homeownership – Is it Still the American Dream?" »
Foreclosure filings are up in Lee County, and all of SW Florida for that matter. Really? I thought all of the short sales were going to clear up the volume of distressed properties. I guess more people are hurting than previously thought. How do we get a clear picture of what is really going on?
Continue reading "Did Short Sales Help Clear out the Inventory in Lee County, Florida? " »
It’s obvious that foreclosure filings are up. Our phones are ringing. In Lee County, foreclosure filings are double what they were a year ago. The big question is: Are these new foreclosures or are they re-filings of cases that were dismissed a year or two ago?
Continue reading "Foreclosure Filings Are Up In Lee County" »
The Olympics are special in so many ways, bringing countries, states, and towns together. The Olympics bring people together—and from my perspective, nowhere is this more important right now than in the United States.
An Olympic competitor has to be up for the task physically, and in the zone mentally. But what if they have other thoughts clouding their thinking? Recently the news has been reporting stories of several Olympians whose families may be having financial problems.
Financial problems do not discriminate, and no one is immune. So, even though some individuals may have family members participating in the Olympics, they are still dealing with the same issues as a large percentage of Americans.
Continue reading "Financial Problems of Olympic Proportions" »
Failure. Fear. Guilt. I hear these words from foreclosure clients every day, and it makes me cringe. I wonder: How many good people continue to do nothing because they are paralyzed by their current economic situations and fear of losing their homes? I want to know what caused your situation, and I want to help you implement a plan of action. I cannot help you, though, unless you are willing to help yourself. Waiting for government assistance is a losing proposition. Why? The government is not trying to save your home. Only you can take the first step.
Continue reading "The Five Consequences of Ignoring Foreclosure Proceedings" »
A few weeks ago, I had the pleasure of attending an event called “Law in the Mall” that takes place annually during law week. It is a wonderful community opportunity where Lee County attorneys offer free advice to individuals on various topics of law. The most commonly asked question I received from individuals was whether nonpayment of Home Owner Association (HOA) fees could potentially lead to the foreclosure of their homes. Simply put, the answer is, yes.
Continue reading "Can the Homeowner's Association Foreclose on My Home?" »
Yes, we are seeing a huge increase in home foreclosures in Collier, Lee, and Charlotte Counties. We are seeing over one hundred foreclosures filed for these three counties per day.
