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Mortgage Banking Blog Blog

Articles: 1-10 of 33

5th DCA Agrees that Lenders are able to Recover Entire Amount Due Despite Initial Default Occurring Outside of the Statute of Limitations

USA - January 24 2019 Last year, we reported that Florida's Third District Court of Appeal and Fourth District Court of Appeal had each held that lenders could recover the…

Beauvais and Bartram applied in reverse mortgage scenario - and the Court doesn't reverse its stance on the Statute of Limitations

USA - December 6 2018 On November 21, 2018, the Third District, in a case of first impression, extended the notable decisions in Deutsche Bank Trust Co. Americas v…

Breaking: lenders able to recover entire amount due despite initial default occurring outside of the statute of limitations

USA - August 30 2018 On August 1, 2018, the State of Florida's Third District Court of Appeal issued an opinion Gonzalez v. Federal National Mortgage Association, ____ So…

11th Circuit Issues Show Cause against Borrower's Attorney

USA - August 7 2018 In a blistering Order issued August 3, 2018, the 11th Circuit Court of Appeals has given attorney, Mr. Kenneth Lay, 21 days to “show cause why we…

Breaking: Florida Supreme Court Rules Lenders Can Pursue Separate Deficiency Actions After Foreclosure

USA - August 3 2018 On July 5, 2018, the Florida Supreme Court issued an opinion, Dyck-O'Neal, Inc. v. Lanham, ____ So.3d ____, 2018 WL 3301567 (Fla. 2018), Case No…

BREAKING: Florida Passes Senate Bill 220 Codifying Compelled Surrender in Foreclosure

USA - April 10 2018 On March 20, 2018, Florida Governor Rick Scott signed into law Senate Bill 220, substantially restricting the rights of individuals defending…

Clarification on New Alabama Redemption Law

USA - March 20 2018 On April 23, 2015, Alabama changed its redemption law to allow for a shortened right of redemption period from one (1) year to 180 days for certain…

How The CFPB Spent Millions…….On A Letter

USA - October 11 2017 On October 2, 2017, the CFPB amended the 2013 Mortgage Servicing Rules, again. Why did the CFPB feel compelled to further amend the rules? You guessed…

Supreme Court of Alabama: Failure to Strictly Comply with the Requirements of the Mortgage Invalidates a Foreclosure Sale

USA - September 12 2017 Breach letters have been heavily litigated in many states, but up until now, Alabama has generally stayed out of the fray. Not any longer. In…

The CFPB thinks it has it tough now

USA - September 6 2017 The chorus is getting louder from the stakeholders in the consumer finance and housing industries for legislative, executive or judicial…