Berger Firm P.A.
Berger Firm P.A.
Blog Article

New blog articles detected.

  • Court Concludes that Failure to Attach Note Does Not Warrant Dismissal
    When a lender files a foreclosure action in Florida, it is required to include a copy of the material portions of the note involved in the foreclosure. Then, that attachment is generally considered part of the pleading itself. The note, mortgage, and any other important paperwork, such as riders and the property description, are often […]
Berger Firm P.A.
Berger Firm P.A.
Blog Article

New blog articles detected.

  • Florida Court Reverses Stance on Post-Judgment Inferior Liens
    The Fourth District in Florida recently reversed itself in Ober v. Town of Lauderdale-by-the-Sea. It concluded that inferior liens are not extinguished until the certificate of sale is issued in a foreclosure proceeding. Essentially, the court determined that the lis pendens statute applied to liens that both occurred before and after the date of the […]
Berger Firm P.A.
Berger Firm P.A.
Blog Article

New blog articles detected.

  • Florida Appeals Court: Acceleration, Notice, and Partial Payments
    In November 2016, a Court of Appeals in Florida tackled an issue regarding foreclosing a home after issuing a letter of acceleration and accepting partial payments. The Court of Appeals reversed the lower court and allowed the lender to move forward with the foreclosure. The Facts and Conclusions of the Lower Court The borrowers already […]
  • Florida Court Finds that Face-to-Face Interview Required Before HUD Foreclosure
    On December 2, 2016, a Florida court issued an opinion in Palma v. JPMorgan Chase Bank regarding requirements to foreclose on a home. The homeowner in this particular case obtained her home through a Federal Housing Administration (FHA) loan. As part of her loan, the wording expressly incorporates federal Housing and Urban Development (HUD) provisions. […]
Berger Firm P.A.
Berger Firm P.A.
Blog Article

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