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The Current State of the Paragraph 22 Defense in Florida

For years, homeowners defending mortgage foreclosure actions have raised what is commonly referred to as the paragraph 22 notice defense. They have asserted as an affirmative defense to mortgage...

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How to Handle Real Estate During A Divorce

In a divorce, the parties will have to figure out how to equitably divide the marital real property. There are four basic ways to handle real estate in a divorce: (1) one party can buy out the other;...

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Quiet Title Actions After A Tax Deed Sale

If you have purchased a property at a tax deed sale that you wish to resell, it is imperative that you have marketable title to the property. In order to obtain marketable title, you may want to file a...

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Foreclosure Standing and the Pooling and Servicing Agreement

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original...

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DeWitt Law Firm Defeats Reverse Mortgage Company

The DeWitt Law Firm successfully defeated a reverse mortgage company who was trying to foreclose upon a surviving spouse after her husband passed away. Our client and her Husband entered into a reverse...

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Foreclosure Defense Update – Bank cannot Collect on Payments Missed

The Florida Supreme Court previously held that a lender was not precluded by the five-year statute of limitations from filing a foreclosure action, as long as the alleged subsequent default occurred...

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Dyck O’Neal and the Defective Notice: Defending Against Deficiency Lawsuits

Although the worst of the economic downturn appears to be over, many people are still feeling its affects. If you went through a foreclosure and did not get a waiver of deficiency, you may be one of...

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Foreclosure Fraud Continues: Dyck-O’Neal and Deficiency Judgments

Dyck-O’Neal seems to be up to the same tricks that the banks have been using for years; utilizing manufactured documents in an attempt to prove their case and comply with section 559.715, Florida...

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Homebuyer claims diet pills caused auction mistake

South Orange County resident Mary McKaig said she had been confused after taking “judgment-altering” weight-loss medication for the first time and mistakenly bid more than $100,000 at a Feb. 19 public...

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How Do Tax Deed Sales in Florida Work? What Liens Survive?

A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming...

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