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The Fourth District Court of Appeal just released the following two cases on standing: Bank of N.Y. Mellon Trust Co., N.A. v. Ginsberg, 2017 Fla. App. LEXIS 9647 (Fla. Dist. Ct. App. 4th Dist. July 5, 2017) This is a case where the endorsement on the note was to a slightly different trust name than …
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ALAW would like to share exciting news regarding legislative reform in Florida! On June 14, 2017, Governor Rick Scott signed Senate Bill 398 into law, providing reformation of Florida’s association statutes. Effective July 1, 2017, Florida Statutes, 718.116, 719.108, and 720.30851 regarding condominium, cooperative, and homeowner associations, will be revised to modify the estoppel requirements …
House Bill 2506 – Electronic Sales Fee Florida House Bill 2506 Section 7 amended FL St 45.035 (3) to include a service charge not to exceed $70 for conducting electronic sales. Most importantly, the responsibility for payment has shifted to the plaintiff to be paid prior to the sale occurring, as a result, you will …
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As an update to the Statute of Limitations law in Florida, both the borrower Lewis Bartram, and the second mortgagee Gideon Gratsiani, have filed separate Motions for Rehearing, and alternatively, for clarification of the Court’s Opinion that was rendered on November 3, 2016. LEWIS BARTRAM MOTION FOR REHEARING Mr. Bartram is claiming that the Court’s …
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Today the Florida Supreme Court released the attached opinion which answers the following certified question in the negative. “DOES ACCELERATION OF PAYMENTS DUE UNDER A RESIDENTIAL NOTE AND MORTGAGE WITH A REINSTATEMENT PROVISION IN A FORECLOSURE ACTION THAT WAS DISMISSED PURSUANT TO RULE 1.420(B), FLORIDA RULES OF CIVIL PROCEDURE, TRIGGER APPLICATION OF THE STATUTE OF …
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BY JAMES E. ALBERTELLI, ESQ. It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so. – Mark Twain Legal and compliance officers representing mortgage servicers often cite concentration risk as a justification for maintaining an expansive network of legal service providers. It “just ain’t so.” …
Continue reading “Consolidation v. Concentration: The Real Risk in Default Servicing”
Citibank Wins Florida Foreclosure Bankruptcy Appeal The U.S Court of Appeals for the Eleventh Circuit has ruled that a debtor who elects to “surrender” a property in bankruptcy may not oppose a foreclosure action on the same property in state court. According to the Court, to “surrender” a property under the Bankruptcy Code, 11 U.S.C. § 521(a)(2), …
Michael Spicer joins growing Charlotte-based team as Managing Attorney of Default Operations for North Carolina. Charlotte, NC, August 16, 2016 – ALAW, a full-service real estate law firm that represents the mortgage industry, including the nation’s top financial institutions, is pleased to announce that Michael Spicer has joined the firm as Managing Attorney of Default …
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Appellate Court reverses Broward County Judge Ireland’s judgment for the borrower and finds for the Plaintiff. WEST PALM BEACH, FLORIDA, MAY 25, 2016 – The Florida Fourth District Court of Appeal issued a ruling this week confirming the idea of a rebuttable presumption of possession of a fully endorsed note if the copy of the note attached …
Coury Jacocks Named as Managing Attorney of Default Services for Texas Irving, Texas – ALAW, a full-service real estate law firm that represents the mortgage industry, including the nation’s top financial institutions, is pleased to announce that Coury Jacocks has joined the firm as Managing Attorney of Default Foreclosure Services in Texas. Jacocks joins Nicki Compary, …
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