On April 20, 2017, the CFPB sued one of the country’s largest non-bank mortgage loan servicers, Ocwen Financial Corporation (simply referred to as “Ocwen”)[1], and its subsidiaries for “failing borrowers at every stage of the mortgage servicing process.” See CFPB v. Ocwen, 17-cv-80495-KAM (S.D. Fl. 2017) at ECF 1. The Bureau…
Category: Foreclosure Defense
ecently, I had the pleasure of assisting one of our clients by overturning a final judgment entered against her. Unfortunately, we had to take her case to the Appellate Court, but thankfully, the bank confessed it was an error to have judgment entered against our client and agreed to reverse…
Before the lenders file a foreclosure action against a homeowner, the lenders are required to provide a Notice of Default and Intent to Accelerate letter (“demand letter”) to the homeowner. Most mortgages require this and consider this requirement a condition precedent to a foreclosure suit. The commonly used phrase in…
If someone asked you where you live, I bet your typical response would be the name of the city or state where your home is located. If you had to be more specific, you might even give them your street address. But what if you had to be even more…
Many homeowners who are facing a foreclosure ultimately want to do whatever is necessary to retain their home. Their home is more than just a place to sleep – it’s where their kids grew up, it’s where they first lived when they came to America, and it’s where they would…
With the majority of standard mortgages, the total monthly mortgage payment typically includes payment for what is generally referred to in the mortgage industry as “PITI,” or principal, interest, taxes, and insurance. The principal is the amount that the lender actually loaned you when it gave you the mortgage loan….
You’ve probably heard the phrase “power of attorney” before. Some of you may even have a power of attorney, to help take care of a friend or loved one. A power of attorney can do many things, but in the simplest form, it is the authorization to represent another concerning…
In Florida, the final judgment in a foreclosure case is the written determination by the presiding judge of whether the plaintiff will be able to sell the house at a foreclosure auction, amongst other things. It contains a final determination of the issues in the case. Unless it’s appealed, the…
Recently, I have been reading a number of opinions throughout the 11th Circuit, and Southern District of Florida, which bear the names of uniquely Haitian families. In each of the cases the borrower Plaintiffs did not succeed on their claims under the Real Estate Settlement Procedures Act (RESPA), and in…
