Articles from Miami Bankruptcy Law Blog

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Florida Mortgage Foreclosure and Liability

Submitted by Anonymous (not verified) on Sat, 12/01/2012 - 22:53

A topic of much concern is liability in a residential mortgage foreclosure in Florida.

In the origination of a typical residential mortgage transaction, there are two instruments - the promissory note and the mortgage. The promissory note documents the actual terms of borrowing and the mortgage provides for a lien on the real property to secure the debt of the promissory note.

Modifying Your Mortgage in Chapter 13 Bankruptcy

Submitted by Anonymous (not verified) on Thu, 11/01/2012 - 21:15

New mortgage modification rules make it easier to combine a HAMP or "Obama Plan" mortgage modification with a Chapter 13 Bankruptcy. Combining a HAMP mortgage modification may be beneficial to many homeowners.

The filing of a chapter 13 bankruptcy generally stays all foreclosure and collection actions by mortgage companies and other creditors. This allows a person to formulate a chapter 13 plan to reorganize their financial situation.

New HAMP Handbook

Submitted by Anonymous (not verified) on Thu, 10/25/2012 - 22:27

On August 17, 2012, the new Making Home Affordable handbook 4.0 for non-GSE mortgages was released.

Jordan E. Bublick, Miami and Palm Beach, Florida, Attorney at Law, Practice Limited to Bankruptcy Law, Member of the Florida Bar since 1983

HAMP Case Law

Submitted by Anonymous (not verified) on Thu, 10/25/2012 - 22:20

Wright v. Bank of Am., N.A., No. 10-cv-1723, 2010 U.S. Dist. LEXIS 73807, at *9-15 (N.D. Cal. July 22, 2010) - July 22, 2010, Judge Jeremy Fogel, of the United States District Court for the Northern District of California, held that borrowers are not intended third-party beneficiaries of the Servicer Participation Agreement and, therefore, lack standing to sue for an alleged breach of the agreement.

Chapter 13 and "HAMP" Mortgage Modification

Submitted by Anonymous (not verified) on Tue, 08/07/2012 - 05:45

Chapter 13 bankruptcy may present a platform to obtain modification of first mortgages under the U.S. Treasury Department's "Home Affordable Modification Program" (HAMP).

As most people are aware, Congress did not yet pass the "cram-down" provision for principal residential mortgages. Despite this, the legal landscape does seem to indicate that the HAMP program will be of substantial assistance to homeowners - perhaps in many instances - more than the much sought after "cram-down".

Ft. Lauderdale Broward Chapter 7 and Chapter 13 Bankruptcy Lawyer

Submitted by Anonymous (not verified) on Sat, 06/02/2012 - 04:29

Bankruptcy Attorney Jordan E. Bublick practices Chapter 7 and Chapter 13 bankruptcy law in Ft. Lauderdale and all of Broward County, Florida. Jordan E. Bublick has been a member of the Florida Bar since 1983. Chapter 7 bankruptcy is generally used by people who desire to discharge unsecured debt and who have little non-exempt property. Chapter 13 bankruptcy is used to reorganize secured and unsecured debt as well as to discharge unsecured debt.

Miami, Palm Beach, Boca Raton, Broward, Plantation, and Miramar Bankruptcy Lawyer

Submitted by Anonymous (not verified) on Fri, 06/01/2012 - 05:23

Jordan E. Bublick is a Board Certified Consumer Bankruptcy lawyer (American Board of Certification). The law firm was established in 1985. Practice is limited to bankruptcy law.

Jordan E. Bublick is a graduate of New York University School of Law (LL.M., 1984), Ohio State University College of Law (J.D., 1983), and Brandeis University (B.A., 1979)

North Miami Office - 11645 Biscayne Blvd., Suite 208, Miami, Florida (305) 891-4055

Broward Telephone - (954) 424-6618

Bankruptcy Lawyer Miami - Practice Limited to Bankruptcy

Submitted by Anonymous (not verified) on Wed, 05/30/2012 - 07:23

Bankruptcy Lawyer Miami - Practice Limited to Bankruptcy

Jordan E. Bublick Attorney at Law is a Board Certified Specialist in Consumer Bankruptcy Law (American Board of Certification) with offices located at 11645 Biscayne Blvd., Miami, Florida and South Dade Brand at 10700 Caribbean Blvd., Miami, Florida. Jordan E. Bublick limits his practice to person and businesses in Chapter 7, Chapter 13, and Chapter 11 bankruptcy. The firm of Jordan E. Bublick, P.A. was established in 1985. The firm offers a free initial consultation.

Another "Robo-Signer" Class Action Suit

Submitted by Anonymous (not verified) on Wed, 11/09/2011 - 18:40

Various "Robo-Signer" class action suits have been filed across the country. The case of Geoffrey Huber, et al. vs. GMAC, LLC, n/k/a Ally Financial, Case 10-2458-SCB was filed in the Federal District Court of the Middle District of Florida on November 2, 2010.

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