Estoppel Reform Bill Victory

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 …

Florida Statute of Limitations Law Update

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 …

Florida Supreme Court approves the 5th DCA’s opinion in Bartram

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 …

Consolidation v. Concentration: The Real Risk in Default Servicing

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.” …

Court Rules Debtors Who Surrender Property in Bankruptcy Cannot Oppose Foreclosure

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), …

ALAW Expands Default Foreclosure Services in North Carolina

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 …

ALAW Expands Default Foreclosure Services to Texas

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, …