Florida Mortgage Modification Lawyer Blog

Many mortgages require what is known as a Notice of Acceleration or Default letter. It is usually paragraph 22 of the Mortgage but can be found in other paragraphs depending on the Lender. It states that upon Borrower’s breach of any agreement, the Lender shall give notice to the Borrower before accelerating the amounts due on the Note. There are several requirements that the notice shall specify, including how the borrower defaulted; the action required to cure the default; a date by which the default must be cured; and that failure to cure the default on or before the specified date may result in acceleration of the sums. The specifics of the notice requirement are set out in each mortgage.

Continue reading "Notice of Acceleration: Did You Receive Yours?" »

Earlier this month, Freddie Mac, mortgage giant, introduced a forbearance relief option for borrowers experiencing a hardship caused by unemployment. The plan will allow for a forbearance period of six months, which could be extended up to twelve months if borrowers meet certain requirements. Additionally, as part of the unemployment forbearance plan, the Home Affordable Modification Program (HAMP) has been revised to further assist distressed borrowers.

Continue reading "Freddie Mac Offers Help to the Unemployed" »

Part I of this article discussed the issue of Standing in Foreclosure Cases and how a defendant must proceed. This part of the article continues exploring the Discovery Issues.

And that’s where things get even more maddening – trying to get the bank to give you such documentation through discovery.

Discovery is a pre-trial phase of any lawsuit in which each party requests certain things from the opposition, such as documents or answers to specific questions that will help prove their case. In a perfect world, each side would produce what was requested them barring some legitimate privilege.

Continue reading "Discovery In Foreclosure Cases: Is The Bank Hiding The Ball? Part II" »

Foreclosure filings remain steady in Southwest Florida. Many foreclosure defendants who try to fight these foreclosure actions are no doubt becoming frustrated with the process – and who can blame them?

Nobody wants to be dragged into a lawsuit, especially when one’s home is on the line. But aside from the stakes, what makes recent mortgage foreclosure lawsuits particularly daunting is the fact that almost every mortgage currently being foreclosed on has been transferred so many times that it becomes difficult – if not downright impossible – to figure out who owns the mortgage!

Continue reading "Discovery In Foreclosure Cases: Is The Bank Hiding The Ball? Part I" »

I keep a very close eye on the Southwest Florida Real Estate Market. Why?, because my clients have roots here, and they plan on staying here in Southwest Florida. Many people want to purchase real estate, but I have been hesitant to recommend that they get back into the real estate market right away.

I recently read a story on Bloomberg about the nationwide real estate market, and things are looking bleak. I'm sorry, I never want to be a downer, but, this is actually good news for buyers.

Continue reading "No Light At The End Of The Southwest Florida Housing Market" »

Loss Mitigation options: Modification, Short Sale, Deed In Lieu of Foreclosure and Foreclosure Settlement. How do I know if my lender is going to permit participation in a loss mitigation option; and are there any lenders that are worse, better, easier or more difficult than others?

Continue reading " How Do I Know If My Lender Is Going To Permit Participation In A Loss Mitigation Option; and Are There Any Lenders That Are Worse, Better, Easier or More Difficult Than Others?" »

Annette Giardina Haber, Esquire, of the Dellutri Law Group. P.A. has been recognized as “Affiliate of the Year” during the 2011 Award ceremony presented by the Cape Coral Association of Realtors on December 1st at Tarpon Pointe Marina. The 2011 Affiliate of the Year Award was presented to Ms. Haber for her invaluable service, support and participation in the Affiliate Committee and ongoing education of the Realtor members. The Award recognizes Ms. Haber for her contributions and dedication to promote and support Association Activities that directly benefit both the Realtor profession and the services they provide to the general public. Professional services provided by the Cape Coral Association of Realtors Affiliate Members are an essential part of all Realtors’ day-to-day business. The Affiliate of the Year Award is given to an outstanding Affiliate that has given their time and talents over the past year to further advance the goals of the Association through their outstanding volunteer work in the Association and through out our community.

Continue reading "Attorney wins “Top Award” from the Cape Coral Association of Realtors" »

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" »

The White House announced a modification to the HARP program today that may help home owners. The new program will eliminate the Loan to Value cap of 125% and allow servicers to refinance loans regardless of the “underwater” status of the loan. This new program will also encourage the elimination of fees and other costs typically associated with refinancing. Additionally this new program will allow mortgage holders to take advantage of lower interest rates. HARP has now been extended until 2013. Sounds like a great program and a great idea to help homeowners, right?

Continue reading "HAMP PROGRAM GETTING A REVAMP, ONCE AGAIN TOO LITTLE TOO LATE?" »