Archives by Tag ' statute of limitations '
by K.K. MacKinstry Last week a Manhattan court ruled in Costa v. Deutsche Bank that Deutsche Bank had failed to foreclose within the six year window and was therefore barred from collecting the debt. In the same week, the Florida Supreme Court denied a motion for rehearing in Bartram v. U.S. Bank regarding the statute […]
Read Costa v. Deutsche Bank here: Costa v. Deutsche Bank 2017 03 29 Unlike Florida where there is no statute of limitations and every missed mortgage payment resets the clock, New York enforces the statute of limitations for debt collection including mortgages. A federal judge has granted two New Rochelle, New York homeowners’ request to […]
What is apparent here is that the Courts are coming to terms with the possibility that those relying upon a statute of limitation as a defense to various claims might NOT be protected by an otherwise applicable statute of limitations. The premise enunciated in a decision that seeks affirmation from the U.S. Supreme Court, is […]
Why did the Plaintiff lose in its “standard foreclosure”? The decision on acceleration is essentially this: If the banks do it, it doesn’t count. While Bartram didn’t turn out the way we want, there are two paths that nobody is talking about — logistics and res judicata. Get a consult! 202-838-6345 https://www.vcita.com/v/lendinglies to schedule CONSULT, leave […]
It seems apparent to me that the banks are sidestepping the statute of limitations issue by getting homeowners to renew payments after the statute has run. Given the confusion in Florida courts it is difficult to determine with certainty how the statute will be applied. But the execution of a modification agreement would, in my […]
Florida Supreme Court to rule on the Five Year Statute of Limitations by William Hudson In Florida, a five-year statute of limitations rule may prevent banks from being able to foreclose despite ongoing litigation. As a result of this rule, mortgage servicers are actively attempting to preserve their right to foreclose pending the Florida Supreme […]
For further information please call 954-495-9867 or 520-405-1688 NOTE: The rescission package we offer provides information on the specific loan of the borrower, whether rescission is an option, to whom the rescission letter should be addressed, whether your prior letter of rescission is effective, and how to prepare for further litigation regarding the effective date […]
For more information please call 954-495-9867 or 520-405-1688 ============================== see http://www.courant.com/opinion/letters/hc-go-after-mortgage-fraud-perps-20150427-story.html It appears that the statute of limitations might be running out this year on any claim against the officers of the banks that created the fraudulent securitization process. Eric Holder, outgoing Attorney general, made an unusual comment a few months back where he said […]
For further information please call 954-495-9867 or 520-405-1688 ============================== http://www.dailybusinessreview.com/home/id=1202719316326/Florida-Supreme-Court-to-Visit-LenderFriendly-Foreclosure-Rulings?mcode=1202617073880&curindex=0&slreturn=20150203104522 “Kafaesque” is the term being applied to the state of Florida law on foreclosures. If you have commercial property then you have rights, but if it is your home, then maybe you don’t. Due process has been shattered for homeowners while complete strangers take their […]
For further information please call 954-495-9867 or 520-405-1688 =============================== We are starting to get a peek at the strategy the banks will employ in dealing with notices of rescission. In one case the homeowner sent the notice of BOA, who answered that they received it (one problem solved) and that the new servicer is Ocwen […]
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