866-216-4126

November 4, 2016

Federal Judge Compels Nationstar To Produce (False) Modification / Accounting Records

5 Comments / foreclosure / By

I think what Bill Paatalo did here was expose “Mortgage Servicing Fraud” as a clear category and path for homeowners to follow, where appropriate, which is most of the time (in my opinion). The devil is in the details. Paatalo exposes the low hanging fruit that lawyers and homeowners skipped over when they analyzed the …

Federal Judge Compels Nationstar To Produce (False) Modification / Accounting Records Read More »

Casting Doubt on Validity of Servicer Affidavits in Foreclosure Litigation

2 Comments / foreclosure / By

Christopher A. Gorman, New York Law Journal October 19, 2016 Most institutional lenders, trusts and large financial institutions that loan money to borrowers or acquire distressed loans use loan servicers to service their loans after the loans are originated or otherwise assigned to them. Loan servicing is the process by which a lender uses a …

Casting Doubt on Validity of Servicer Affidavits in Foreclosure Litigation Read More »

Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure Action Post Dismissal

4 Comments / foreclosure / By

http://www.jdsupra.com/legalnews/bartram-affirmed-florida-supreme-court-76224/ Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default …

Bartram Affirmed: Florida Supreme Court Provides Guidance For Filing a Successive Foreclosure Action Post Dismissal Read More »

Each Subsequent Default Restarts the Clock in Foreclosure Cases

1 Comment / foreclosure / By

http://www.jdsupra.com/legalnews/each-subsequent-default-restarts-the-58017/ The long-awaited decision in U.S. Bank v. Bartram was released yesterday.  At issue was whether lenders and servicers could restart foreclosures after five years, or if they would be barred by Florida’s five-year statute of limitations.  Yesterday, the Florida Supreme Court clarified that a lender/servicer can restart the foreclosure clock by declaring a new …

Each Subsequent Default Restarts the Clock in Foreclosure Cases Read More »

Fraudulent Alteration of Documents in Foreclosure: Suddenly Prosecution When it is the Homeowner's Attorney Who Does It

3 Comments / foreclosure / By

Let’s be clear. Two wrongs don’t make a right. But the very thing that this attorney is accused of doing is what the banks and their lawyers are doing and have done for the last 10 years. What this lawyer did was dead wrong. But why isn’t it dead wrong when the other side does …

Fraudulent Alteration of Documents in Foreclosure: Suddenly Prosecution When it is the Homeowner's Attorney Who Does It Read More »

Scroll to Top