The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   The Court certified the case to the Florida Supreme Court, where Bartram is already pending.  Beauvais

The December 17, 2014 Florida Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.

The December 17, 2014 Florida Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.

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.

The December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case addresses important mortgage foreclosure issues.   It may give reason for many Miami homeowners with mortgage foreclosure issues to re-evaluate their position. It may be that some should put more efforts towards the direction of achieving a mortgage modification under the present opportunities offered by HAMP or other programs as a possible better resolution of their mortgage foreclosure situation.

As the holiday season gets fully into swing here in midtown Manhattan, we at Shenwick & Associates wanted to take this time to wish you a happy, safe and warm holiday season and a very happy and healthy 2015. We also wanted to thank you for your friendship, your business, your referrals and your trust in us. Personal and business bankruptcies and workouts are keeping us busy as 2014 draws to a close. We're here for you now and in the upcoming year, and we look forward to working with you.

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.

The issuance by the Third District Court of Appeals in Miami of the 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.

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.