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The Harry Beauvais Decision - a Cold Dose of Reality, but a Blessing in Disguise

Submitted by Anonymous (not verified) on Wed, 12/24/2014 - 20:02

Although the December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case may seem like a cold dose of reality to some Miami homeowners, it is better regarded as a very timely "blessing is disguise."  The decision may indicate that many Miami homeowners would be better served by directing their legal efforts, sometimes heroic and idealistic, to what will truly "save my home" from foreclosure - that is a HAMP or other mortgage modification.

"Foreclosure Defense" - New False Assumptions ?

Submitted by Anonymous (not verified) on Tue, 12/23/2014 - 20:24

The issuance of the Third District Court of Appeals recent decision in Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575, may be an appropriate time to review what actions a Miami homeowner that seeks to save their home from foreclosure should consider.

"New" Things Required to Bring a Second Foreclosure Action

Submitted by Anonymous (not verified) on Tue, 12/23/2014 - 19:27

May a second foreclosure action be brought after a first foreclosure action was dismissed and the statute of limitations has expired on the cause of action upon which the first action was brought? Apparently, based on the Florida Third District Court of Appeal's recent decision in Deutsche Bank Trust Company Americas, etc.

"Foreclosure Defense" - Now What ?

Submitted by Anonymous (not verified) on Sun, 12/21/2014 - 22:55

mortgage foreclosure statute of limitationsA few days ago, the Third District Court of Appeals in Miami, made an important ruling regarding mortgage foreclosures.  It is important to note, what the Court generally did rule and did not rule.

Enforcement of Mortgage Note Barred, But Mortgage Lien Remains

Submitted by Anonymous (not verified) on Fri, 12/19/2014 - 19:38

On December 17, 2014, the Florida Third District Court of Appeals issued its decision on a very important foreclosure issue in the case of Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575.  In this case, the Court held that the enforcement of the mortgage note was barred by the statute of limitations but the mortgage lien is not null and void as its validity is governed by the separate statute of repose.

Supreme Court Grants Certiorari on Chapter 13 Bankruptcy Appeal Issue

Submitted by Anonymous (not verified) on Wed, 12/17/2014 - 06:01

Last week, the United States Supreme Court granted the writ of certiori in the case of Bullard v. Hyde

Mortgage Debt Relief Act of 2007 Expired January 1, 2014

Submitted by Anonymous (not verified) on Wed, 11/26/2014 - 18:03

Unless the Mortgage Debt Relief Act of 2007 is extended, distressed homeowner’s face the risk of the imposition of income taxes on the discharged mortgage debt upon a short sale, short refinance or foreclosure.  The lack of the extension of this provision has resulted in the decline in the number of short sale.The debt forgiven by the mortgage lender as part of a short sale, short refinance,  or foreclosure, could result in “cancellation of indebtedness” income.  There are though various exceptions to the application of this rule so as to avoid income taxation, such as a.

Petition for Writ of Certiorari Granted on Chapter 7 Lien Stripping Issue

Submitted by Anonymous (not verified) on Tue, 11/18/2014 - 16:45

Most commentators suggest that the days of lien stripping in chapter 7 bankruptcy cases is soon to end. Yesterday the U.S.

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