How Pino Impacts My Foreclosure Defense Practice
Forgive me if I didn’t come rushing to the computer to write a blog after the Florida Supreme Court issued its decision in Pino v. Bank of New York Mellon last week. Yes, that decision garnered...
View ArticleHiding the Fraud?
I’ve noticed a trend in recent weeks in my foreclosure defense practice, one that’s become significant enough that it’s worth mentioning … banks are trying to avoid putting anything in writing under...
View Article“Substantial Compliance” in the Paragraph 22 Context
I have been fortunate enough to win a lot of foreclosure cases where the plaintiffs failed to comply with the conditions precedent set forth in paragraph 22 of the mortgages upon which they’re suing …...
View ArticleThe Problems with House Bill 87
As you may have read on the front page of today’s Bradenton Herald, I’ve joined Florida Consumer Justice Advocates, a group that is fighting against the passage of House Bill 87, a proposed piece of...
View ArticleWhat Makes It All Worthwhile
Foreclosure defense is not always easy. Sometimes, it’s downright maddening. Emails like the following make it all worthwhile. This is what it’s all about … knowing people’s lives are changed by the...
View ArticleYou Can’t Handle The Truth
When I think about what’s happening in our country, I’m reminded of Jack Nicholson’s famous line in A Few Good Men. “You Want the Truth? You Can’t Handle the Truth.” Here’s the truth … the U.S....
View ArticleIf the Legislators Only Knew
Over the past 4-5 years, I’ve devoted my entire professional career – countless hours, thousands of cases, hundreds of dismissals and settlements, and untold blood, sweat, and tears – to representing...
View ArticleCan You Explain HB87 … to your Children? Can its Supporters?
I was chatting with a colleague on the phone the other day as I was driving my kids (ages, 9, 8, and 7) to school. We were chatting about HB87, a proposed piece of legislation in Florida that would...
View ArticleIs a Foreclosure Plaintiff “likely” to prevail merely by filing suit?
The foreclosure world is abuzz this week on the heels of Friday’s decision from Florida’s Second District Court of Appeal in Deutsche Bank Nat’l Trust Co. v. Prevratil, where the Second District ruled...
View ArticleHillsborough and Pinellas – A Light in the Darkness
There’s a lot of ugliness in foreclosure-world nowadays, particularly in Florida. The legislature is considering proposed bills (including one named SB1666 – the mark of the beast) designed to help...
View ArticleObjecting to Ex Parte Orders Substituting Party Plaintiffs
I just had a hearing where a judge who is new to the foreclosure bench (having just transferred in January, 2013) was surprised to see my firm’s objection to a foreclosure plaintiff’s ex parte motion...
View ArticleForeclose Faster, Help Florida’s Economy … Say What?
I’m perusing foreclosure-related stories and I’m struck by a quote by Miami-Dade Circuit Judge Jennifer Bailey, who said: “There is a consensus across the state that the locked up backlog [of...
View ArticleCan Anyone Verify a Foreclosure Complaint?
Florida’s Fifth District Court of Appeal just issued an opinion in U.S. Bank, N.A. v. Wanio-Moore which seems to indicate that anyone can verify a foreclosure complaint consistent with the requirements...
View ArticleHomeowners as Plaintiffs … A Tough Lesson
Banks often do some really despicable things … breaking into houses, violating various federal and state laws … I could go on and on. Nonetheless, I almost always avoid the temptation to file suit on...
View ArticleBank-Induced Default: The Next Wave of Foreclosure Defense
For years, I’ve listened as homeowners walked into my office with the same story. “The bank told me to default to be eligible for a loan modification, but when I stopped making payments, the bank...
View ArticleMotions to Dismiss in Foreclosure Cases
In the foreclosure-world in which we now live, motions to dismiss are widely viewed with disdain. They’re a pest. An annoyance. They accomplish nothing but delay. I don’t feel that way, of course....
View ArticleSummarizing Florida’s New Legislation and a Plea to the People
You probably know by now that HB87 passed in the House and the Senate and will become law unless Governor Rick Scott vetoes it, which is not expected. This legislation changes the landscape of...
View ArticlePay Your Association Dues!
Back in 2011, I posted this blog, encouraging homeowners to stay current on their association dues. That’s even more important now. You see, under the new legislation just passed in Florida, an...
View ArticleIs it Too Late to Defend Your Foreclosure Case? Probably Not.
I had a foreclosure trial today. Ho, hum, right? Just another foreclosure trial? Well, this case was filed in 2010, and I was just retained in the case a few days ago. As a result, there wasn’t...
View ArticleNon-Judges May Decide Foreclosure Cases; My Filing in the Florida Supreme Court
The Florida Supreme Court just issued this opinion, which amended Fla.R.Civ.P. 1.490 to authorize the use of magistrates (i.e. lawyers who are not judges) to preside over foreclosure hearings. This...
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