Florida Estate Planning Lawyer Blog

Foreclosure Lawyers in Jacksonville Florida have seen a significant increase in the number of Foreclosure cases in Duval County over the past several months. Many individuals who are currently going through loan modifications are seeing the banks file foreclosure cases on them as the same time as they try to modify their loans. It is important not to ignore the Jacksonville Foreclosure case while you are talking with the bank even if they tell you they will put the case on hold. The cases often proceed and you can loose your right to defend your case if you do not respond timely. To discuss your situation with a Jacksonville Foreclosure Defense Lawyer contact a Florida Foreclosure Lawyer or use the contact us form on this page.

Bank of America settled a class-action lawsuit stemming from their acquisition of Countrywide Financial based upon predatory lending practices in eleven states including Florida. The funds provided by this settlement includes lowering of interest rates, lowering principal, no loan modification charges, and waiving prepayment penalties. This new program was launched by Bank of America in December. For more information on this see the Florida Foreclosure Defense Lawyer's Blog

If you have been served with a Florida Foreclosure Lawsuit or if you have concerns about the practices of your lender, contact a Jacksonville Foreclosure Defense Lawyer . Many Florida Foreclosure Lawyers are very adept at spotting this type of violation and providing the homeowner with a defense to a Florida Foreclosure Lawsuit.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

In Jacksonville a Florida Foreclosure Lawyer uses many laws that regulate the mortgage lending process to defend your Jacksonville Foreclosure. The first step is to determine what laws and issues apply to your case by doing a careful analysis of your specific circumstances.

When you talk with a Jacksonville Foreclosure Lawyers its important to determine your objectives from the start and make sure that if they are met, you will be able to afford the home and are just not delaying the inevitable. Do you want to keep the home, reduce penalties, clear your credit, or simply dispose of the home with as little damage to you as possible?

Its important to know whether your current loan was the original loan or a later refinance of the original loan and the date the loan was taken out. There are certain remedies that expire and before perusing a remedy it is important to know whether it will still be available.

We also want to know whether you were given false or incorrect information about your loan or the terms of the loan were change on you at the last minute. Sometimes a mortgage broker fills out incorrect information or steers you into a loan that makes them more money but is harmful to you and your family.

It is also important to look at how each payment was applied and that it was applied correctly. Many banks apply the funds incorrectly to their benefit in order to maximize fees and penalties.

In Jacksonville and the surrounding counties of Clay, St. Johns and Nassau, the courts have implemented a mandatory mediation that will be at the beginning of any new foreclosure lawsuits. It is important to have legal representation at this foreclosure mediation so that you are not talked into a bad deal. The banks will be represented by lawyers and they will be trying to get you to waive future rights and remedies that you may have. You should contact a Jacksonville Foreclosure Lawyer to discuss what options you have and how save your home or achieve your goals.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

In Jacksonville Florida including Duval, Clay and St. Johns Counties, all new residential foreclosure lawsuits are directed to a "Mediation with the Lender". While some who participate in these mediation feel they are getting a good deal, most do not realize what they are actually agreeing to when an agreement is reached. It is important to be represented by a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyer before attending one of the court ordered Foreclosure Mediations.

We have seen many cases, where the purported owner of the note tries to get the home owner to agree that they are the real party in interest and have the right to sue the homeowner. The agreements try to get the homeowners to waive all future rights to defenses and counterclaims for the improper actions of the people who are have filed the lawsuit. The agreements also cost the homeowner more than if they preformed under the existing loan and set the homeowner up for a future default and foreclosure.

Without someone who understands the terms of these agreements to represent you and negotiate, your outcome will likely be worse than the agreement you are presently in. While your payment may be lower in the short term, the reduction and past due amounts will be added on to the end. Another trick they try to pull is to let the interest rate float in 3-5 years. This will likely make your future payments much higher than they are now.

If you anticipate the need for a loan modification, or are expecting or have been served with a Florida Foreclosure Lawsuit contact a Jacksonville Foreclosure Defense Lawyer or Florida Foreclosure Defense Lawyer for a free consultation on what your options are and how to protect your home.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

Florida Commerical Foreclosure Case Law Update

Recently a Florida Court ruled that a Certificate of Authority is not required for a borrower to foreclose of a commercial property.

Summary -Mortgage foreclosure -- Commercial property -- No merit to borrowers' argument that national bank's failure to obtain and hold a “certificate of authority” from Florida Department of State precluded bank from transacting business in Florida, including securing, collecting, and enforcing debts, mortgages, and security interests -- State cannot require a national bank to register or file as a “foreign corporation” in order to maintain a lawsuit in a state court -- Statute prohibiting foreign corporation from transacting business in state until it obtains certificate of authority is expressly preempted as applied to all national banking associations -- Borrowers' contention that factual issues exist as to amounts owed is without merit where borrowers at no time offered a contrary calculation of monies owed, but merely contended, by way of affidavit in opposition to bank's motion for summary judgment, that they do not owe the amounts alleged by the bank -- Order entering final summary judgment against each mortgagor and against guarantor was appropriate.

35 Fla. L. Weekly D557a

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

Continue reading "Commercial Property forclosure and Certificate of Authority" »

Bank of America Appears to be Foreclose on homes like a random drive by shooting writes Jonathan Turley on his blog.

The Massachusetts owners filed a lawsuit in federal court which states they paid cash for their home in 2005. This was five years before agents for Bank of America seized the house, removed belongings and changed the locks on the doors.

This is not the first time we have seen a bank change the locks and remove all of the homeowners possessions without justification. Hopefully this is not a growing trend. If you are being foreclosed on or have been locked out of your home by a bank contact a Florida Foreclosure Defense Lawyer to discuss your situation.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

If I do a Short Sale on my Florida Home am I responsible for anything else? Yes you can be responsible for the difference in what the home is sold for and the loan amount + additional fees and expenses. You must get the mortgage company to release your from this liability. Many will tell you that it is not possible, but it's done all the time.

Before agreeing to a short sale in Florida, a loan modification, or a forbearance agreement, you should have the agreement reviewed by a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to make sure you understand what you are agreeing to.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

If you live in Jacksonville or anywhere in Florida and are facing a Florida Foreclosure Lawsuit or facing the foreclosure on your home in the future there are somethings you should know.

In Florida a foreclosure process my proceed in the courts. This is because Florida requires a Judicial Foreclosure with court supervision. Once you fall 30 days behind on your payments the lender can file a foreclosure lawsuit against the owners and tenants of the home. Most foreclosures happen when you become at least 60-90 days late on your payments. When this happens the bank or servicing bank will not accept any more payments from you.

The first thing that happens is a foreclosure notice will be filed. You then have 20 days to file an answer to the lawsuit or some other document with the court. You can also file a motion asking for more time or a motion to dismiss. It is important not to ignore this notice as the bank can obtain a default judgment if you do not file a response. Under Florida Foreclosure law, you can still save your home before it is sold if you pay off the note. Most individuals do not have the ability to do this.

It is important to discuss your circumstances and goals with a Florida Foreclosure Lawyer or a Jacksonville Foreclosure Lawyer to determine what steps are appropriate for your circumstances.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

a Jacksonville Foreclosure Lawyersknows that foreclosures in your neighborhood hurt property values. Good news for Texas residents, Today they have help in dealing with property values and the taxes related to them.

Homeowners in neighborhoods that have been hurt by homes with foreclosures might find some relief. The new Teas law requires appraisal districts to consider properties that have been foreclosed on when determining a home’s value. Homeowners in other states including Texas and Florida have complained that appraisal districts have excluded foreclosed properties and those with distressed resale values when setting some home values.

With as many as 1 in 6 homes in Florida facing a potential foreclosure, these values must be used to help determine real market value of the homes in an area.

If you need help determining if Florida Foreclosure Defense is a viable option in your circumstances contact a Florida Foreclosure Lawyer or Jacksonville Foreclosure Lawyers to review your circumstances.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.

Most homeowners do not realize that a Florida foreclosure can be defended. Homeowners have the ability to fight for your right to remain in you home. THE APPLE LAW FIRM CAN FIGHT FOR YOU!

You may be upside down in your property today and think that walking away is your best option. STOP AND THINK. This may not be the right choice for you and your family! Over time your equity will return and by defending your foreclosure now, your future equity can be in protected and you may stand a better chance to economically survive. Fighting a Foreclosure makes sense for many Florida families and should be discussed with a Florida Foreclosure Lawyer or a Florida Foreclosure Lawyer who can look at your individual circumstances and let you know what your options are.

You may be behind in your payments and might have received a notice of default. That does not mean you must leave your property! Regardless of what debt collectors are telling you. You are a homeowner, not a renter. Eviction is not the lenders remedy. You have a right to fight for your home.

Sometimes events in your life have result in a financial hardship. Just because you are in default, it does not mean you have to rollover and abandon your home. By allowing the foreclosure to proceed without asserting your rights, you are providing relief to lender and giving them an easy out to seek the judicial sale your home, whether they actually own your home or not. You may believe you are in the wrong because you haven’t made your payments. This is not always the case. An experienced Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer can explain why you should assert your rights and ways to protect your home.

There has been a barrage of "Non-Lawyer assistance" programs soliciting services to negotiate a “work-out”. Once a lawsuit has been filed, they cannot represent you and protect you in the Florida foreclosure lawsuit. Unless and until you receive a court document confirming the foreclosure has been dismissed, the lawyers on the other side will proceed. Regardless of what anyone is telling you! 


We have seen many clients that are in the process of a loan modification and a Florida Foreclosure case is filed against them. There are steps that every homeowner should take to protect their rights even if they are not in foreclosure at this time. The company you are paying for your monthly payment to may not even own your note and you may find that you owe the money to someone else. IF you own a home and are at risk of a foreclosure in Florida you should contact a Jacksonville Foreclosure Lawyers or Florida Foreclosure Lawyer as soon as possible to discuss your options.

For more information on Jacksonville or Florida Foreclosure Defense See the Florida Foreclosure Defense Lawyers Blog.