Florida Mortgage Modification Lawyer Blog

Anyone who has been suffering through these dismal economic times may have been anxiously waiting for something, anything, to happen with their home. Most people involved in the foreclosure mess that is Southwest Florida have been waiting for the banks to pick up where they left off. For a few months, it seemed as if we had a reprieve from default notices being sent and foreclosures being filed. Each month, for the past eight months, the total number of homes in foreclosure decreased rather dramatically. Unfortunately, that trend is over.

Continue reading " Florida Foreclosures Back On The Rise " »

In a decision that has most of the Southwest Florida foreclosure world buzzing, the Fourth District Court of Appeals reversed the entry of summary judgment in part in Glarum v. LaSalle Bank National Association. What was the basis for the reversal? The Court correctly applied the requirements of Florida Statute 90.803(6)(a), which generally allows otherwise inadmissible evidence to be admitted under a business record exception to the hearsay rule.

In order to be admitted into evidence as business records, the party trying to introduce the evidence under Florida Statute 90.803(6)(a) must show, through a record’s custodian, that (1) the record was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a record. If the witness, i.e., the record’s custodian, cannot demonstrate that he or she has knowledge of these items, the documents would be inadmissible hearsay evidence and would not be admitted into the record.

Continue reading " Courts Are Supposed To Apply The Business Records Exception To The Hearsay Rule In Foreclosure Cases " »

With the unprecedented changes in the economy resulting in job loss and decreased property values, the Dellutri Law Group has expanded the Firm and offers real estate services to consumers. If you are unable to afford your home (but have no other excessive debt) and are considering filing Bankruptcy, the Dellutri Law Group may be able to offer an alternative. The Real Estate Department offers many loss mitigation options which may provide a solution. Most law firms that offer Bankruptcy services recommend the filing of Bankruptcy as the solution because they do not provide assistance with loss mitigation options such as mortgage modification, short sales, deeds-in-lieu of foreclosure or foreclosure settlement. Completion of a successful loss mitigation option may eliminate the need to file Bankruptcy.

There is an endless list of realtors and title companies who promote the ability to assist with loss mitigation options, specifically short sales. However, utilizing the services of a non-lawyer could result in the homeowner losing the one opportunity to try to accomplish a loss mitigation option alternative, leaving them with the filing of Bankruptcy as the only remaining option. It has always been important to engage the services of a real estate attorney for representation to facilitate a real estate transaction. However, with the ever changing economy, it is even more critical to engage the services of a real estate attorney who is experienced in loss mitigation options and who will be able to review all possible available options and provide counsel so that an informed decision can be made. If the best alternative is a short sale, our office will also handle the closing of the transaction with the help of our underwriter, Attorney’s Title Fund Services.

Continue reading " The Dellutri Law Group offers Bankruptcy Alternatives " »