Articles Posted in Foreclosure Defense

florida supreme courtCase Law Update: Florida Supreme Court Issues Decision in Bartram v. U.S. Bank

The Florida Supreme Court ruled in an important decision November 3 that will impact current and future mortgage foreclosure cases. The ruling in Bartram v. U.S. Bank (SC14-1265) directly affects Florida’s five-year statute of limitation in mortgage foreclosure cases. The ruling holds that the statue of limitations does NOT prevent a mortgage service from multiple, successive foreclosure lawsuits against a borrower.

This means that even if a prior foreclosure case was dismissed or the mortgage service lost at trial the mortgage service can commence another foreclosure against the borrower if the borrower defaults again within five years simply by setting a new default date.  Therefore homeowners are still obligated to pay their mortgage obligations even if a lender unsuccessfully attempted foreclosure in the past. A past dismissal will not prevent a future filing.

Last August Bank of America agreed to a record $16.7 billion settlement with the Justice Department over their past mortgage practices. Part of the settlement also requires Bank of America to provide $7 billion in consumer relief over the next four years.

As this landmark settlement has faded from headlines questions regarding the payout of consumer relief have surfaced. Bank of America has told a number of borrowers that it intends to ‘forgive’ some loans that have been discharged in borrowers’ bankruptcies. But that debt has already been forgiven.

Our own Chip Parker, has been interviewed by The New York Times and had this to say on the issue: “Releasing a debt that has already been discharged is not in the spirit of the settlement. My concern is that the bank will use these cases to avoid having to give true principal reductions to people who need it.”

Our own Chip Parker is discussed in an article written by The New York Times about the unlawful debt collection practices by mortgage finance giants like Fannie Mae.

“It’s bad enough that Fannie Mae and their collectors are pursuing consumers many years after they’ve lost their homes,” Mr. Parker said. “But the fact that these lawsuits may be built on a foundation of foreclosure fraud is galling.”

To read the full article and learn what our firm is doing in the fight against illegal debt collection practices in Florida click here.

“Post Foreclosure Hell” describes the latest gift to Americans from the banks, FANNIE MAE and FREDDIE MAC. After the massive bail-outs by the American taxpayer, the banks, FANNIE and FREDDIE are now using “deficiency judgments” to collect on loans years after foreclosed homes were taken and sold. If successful, homeowners who believed the foreclosure crisis was behind them could find a lawsuit at their door and there hard earned wages being garnished. In Florida alone, thousands of deficiency suits were filed prior to July 1, 2014. If you are served with a deficiency lawsuit, do not ignore it. Your assets could be seized or your wages garnished. Contact an attorney immediately. At Parker & DuFresne, P.A. we defend these judgments and we can help you learn your options. Call us today for a free consultation!

Many Americans who lost their homes in the housing bust are suddenly facing a new foreclosure nightmare: debt collection. Our own, Chip Park, is about to file a class action lawsuit against these debt collectors for violating fair debt collection processes.

To read more about the current debt collection processes quoted as “monumentally unfair and damaging to the economy” click here.

In a blockbuster article last month the Center for Public Integrity documented what foreclosure defense attorneys have known for years: there is little if any due process for homeowners in Florida’s foreclosure courts. The foreclosure crisis has become a “court” issue and a parallel court system has been created to deal with the crisis. Cases in Duval County are not heard by elected judges, but by retired judges. The courts want to clear 256,000.00 foreclosure cases from its system in three years. That means hundreds of motions a day and no reprieve even when the homeowner and the bank want to work things out. DON’T GET CAUGHT IN FLORIDA’S FORECLOSURE COURTS UNREPRESENTED. If you are served with a foreclosure, contact an attorney immediately. At Parker & DuFresne, P.A. we represent homeowners and can help you find options to your foreclosure.

While foreclosure activity is down across the country, including Florida, Florida still leads the nation in foreclosures. As recently published, one in 469 housing units is in foreclosure across Florida. If you are facing foreclosure, speak to a lawyer. Don’t sit back and hope it will go away. You may have options you have never considered. At Parker & DuFresne, P.A. we have been fighting foreclosures since the bubble burst in 2008. Give us a call at (904) 733-7766 and set up a free consultation.

Many homeowners who lost their homes to foreclosure years ago may be wondering if they are living another nightmare. As the Palm Beach Post reported, Texas Debt Buyer Dyck O’Neal is now suing many former homeowners. Dyck O’Neal has filed thousands of lawsuits through out Florida seeking to collect on the loan balance left after the sale of the home.

Why now? Florida law changed last year giving banks or companies seeking to collect deficiencies on foreclosures only one year. The law had previously allowed five years to collect. Many banks and companies filed the collection lawsuits to protect their claims.

If a debt collector seeking to collect the deficiency balance on your foreclosed home has sued you, don’t delay. Contact an attorney immediately to discuss your options. A deficiency judgment may place in jeopardy your wages and your assets. At Parker & DuFresne, P.A. we have the experience to assist you. Call us at (904) 733-7766.

DYCK-O’NEAL a nationwide collector and servicer of deficiency judgments
on mortgage promissory notes has rolled out an aggressive legal campaign to collect deficiencies on foreclosed homeowners in northeast Florida. Many unsuspecting homeowners thinking their foreclosures were a thing of the past and that life has moved on may be dumbfounded when served with a lawsuit threatening to collect thousands of dollars from them. Fannie Mae is just one of the lenders using Dyck-O’Neal.

If Dyck-O’neal or any other company has sued you to collect on a mortgage deficiency do not ignore it! Failure to take action may result in a judgment and possible garnishment of your bank accounts or wages. Your best bet is to contact an attorney knowledgeable of your options. Parker & DuFresne, P.A. has been involved in hundreds of foreclosures and can help you with a deficiency lawsuit. Our consultations are free.

The buzz in Florida is that there is a shortage of homes available for sale, which is driving up the price of homes. CNBC reports that the National Association of Realtors notes an “acute lack of supply” in some popular markets. Despite these inventory shortages, some markets are staying warm.

One of the driving forces of this market condition is an influx of investors paying above-market prices for homes for use as rentals. In some Florida communities, these well-funded investment entities are bullying others out of the market by paying 45% more for homes than their value, as reported by RealtyTrac. Florida Realtors reports that Investment firms bought over 5,200 Florida properties in 2012 and are determined to buy more this year. RealtyTrac offers a helpful tool for finding Florida foreclosure sales.

Another driving force, is what has been termed as a “shadow inventory,” which consists of homes that have become bank or that remain in the foreclosure process, which banks do not put on the market–to avoid taking a hit on the sale value. RealtyTrac reports that more than 111,000 homes in south Florida are in the “shadow inventory.” There is a similar effect on homes that have not been foreclosed. Homeowners who bought homes are unable or unwilling to sell because they would be required to bring an exorbitant amount of cash to the sale to satisfy their loan. Florida has over 90,000 pending foreclosures/zombie homes, which represents 30% of all foreclosure actions in America.