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Governor Scott Signs Mortgage Foreclosure Bill

On June 7, 2013, Gov. Rick Scott signed HB 87 ("Bill"). With Scott’s signature, the Bill became effective. The Legislature intends for this Bill to help expedite the foreclosure process. Supporters of the Bill believe it addresses the problem of blighted neighborhoods from vacant properties locked in foreclosure litigation, cases becoming log jammed in the […]

$2.5 Million Boca Raton Mansion Faces Adverse Possession Claim

Adverse possession is a means of attempting to gain legal title to property by continuous possession of the property for at least seven consecutive years in an open, notorious, and visible manner such that it conflicts with the owner’s right to the property. Fla. Stat. § 95.18.  The adverse possessor must pay all taxes for […]

New Rules to Protect Mortgagors

The Consumer Financial Protection Bureau (“CFPB”) released new rules to protect consumers from mortgage servicing companies. The new rules have nine major topics that cover periodic billing statements, interest-rate adjustment notices for adjustable rate mortgages, prompt payment crediting and payoff statements, force-placed insurance, error resolution and information requests, general servicing, early intervention with delinquent borrowers, […]

Sua Sponte Dismissal of a Foreclosure Action Is Inappropriate Where Willfulness Is Not Shown and Discovery Is Outstanding

In Anson St., LLC v. Rosado, 4D12-253 (Fla. 4th DCA, Nov. 21, 2012), Anson Street, LLC (“Plaintiff”) sought review of the trial court’s order dismissing the mortgage foreclosure action against Franklin Rosado and Maricruz Ayala (“Defendants”). In March 2010, Plaintiff filed a complaint to foreclose its mortgage on the Defendants’ property. The Defendants then filed […]

Unenforceable Loan Modification Agreement

In Vargas v. Deutsche Bank Nat. Trust Co., 3D11-554 (Fla. 3d DCA, Nov. 28, 2012), Rogelio Vargas (“Defendant”) appealed an order approving a general magistrate’s report and recommendations which denied his “Motion to Enforce Loan Modification Agreement Enter Into in Open Court.” Deutsche Bank National Trust Company (“bank”) received a final judgment for foreclosure against […]

Parc Central Aventura Condominium Foreclosure Case Result

Bank of America, along with five other banks, has recently foreclosed on 51 units in the Parc Central Aventura condominium development in Aventura, Florida. The other banks involved in the litigation were Wells Fargo Bank and Charter One Bank, each with a 25% stake, and Lakeside Bank and Emigrant Realty Finance with a 12.5% interest. […]