Florida Mortgage Modification Lawyer Blog

In Gennifer Gee v. U.S. Bank National Association, 36 Fla. L. Weekly D 2159 (Fla. 5th DCA 2011), a recent case decided by the Fifth District Court of Appeals, the Court reiterates the standard and burdens the Bank must meet when it argues a Motion for Summary Judgment. In an excerpt from the decision, the Court states:

A motion for summary judgment must “state with particularity the grounds upon which it is based and the substantial matter of law to be argued….”Fla. R. Civ. P. 1.510(c). The burden to conclusively establish the nonexistence of a disputed issue of material fact and entitlement to judgment as a matter of law rests squarely with the movant. See Holl v. Talcott, 191 So. 2d 40, 43-44 (Fla. 1966): Bloch v. Berkshire Ins. Co., 585 So. 2d 1137, 1138 (Fla. 3d DCA 1991). The purpose of this rule is “to prevent ‘ambush’ by allowing the non moving party to be prepared for the issues that will be argued at the summary judgment hearing.” City of Cooper City v. Sunshine Wireless Co., 654 So. 2d 283, 284 (Fla. 4th DCA 1995). “It is reversible error to enter summary judgment on a ground not raised with particularity in the motion.” Williams v. Bank of Am. Corp., 927 So. 2d 1091, 1093 (Fla. 4th DCA 2006).

Continue reading " The Constraints on Bank at a Motion for Summary Judgment " »

For years, this program has been somewhat hidden from homeowners facing foreclosure. As the number of foreclosure cases grew into the thousands during the last couple years, more and more soon-to-be evicted families learned of the opportunity, whereby mortgage companies give money to the homeowners in exchange for handing over the keys to the house and leaving it in “broom-swept” condition. It is a way for the mortgage company to save money on litigation costs while ensuring the property will be well-kept until they can find a buyer to move in. Additionally, the homeowner is given a little help with moving expenses and the certainty of a move-out date.

Continue reading " Cash for Keys: Is It for You? " »

As the number of foreclosure filings in the first half of 2011 dropped by twenty-nine percent from the same period last year, several problems still loom for those caught up in the foreclosure crisis. An unknowing person would think this reduction in filings means a better economy and more stability. But we know that’s not true. Unfortunately, the lower number of filings is likely the result of investigations into bank procedures during the foreclosure process. The unemployment rate is still high, and many people have nowhere to go. Once the “document review” is completed, the number of default notices being sent out is going to increase at a rapid speed.

Continue reading " Foreclosures – More than Just a Problem for Homeowners " »

There may be some help out there for homeowners who were financially harmed during the foreclosure process in recent years. The Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency, the federal bank regulators, announced that independent foreclosure reviews will take place for certain borrowers whose primary residence was part of the foreclosure process between January 1, 2009 and December 31, 2010.

Continue reading " Help for Homeowners: Independent Foreclosure Review " »