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Tag: lost note

Another One Bites the Dust: Bank Loses Summary Judgment For Foreclosure

Unbelievable: Attorney Geoff Sherman of Oppenheim Law just got a bank’s foreclosure summary judgment denied! Why: because the Bank said they had lost the note when they filed the original complaint, yet 16 days after they filed the complaint in March they had received an assignment of the mortgage and Note from the old lender. Thus, when the new bank […]

The Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases speaks out: Chastises Banks and Banks’ Attorneys.

Today, the Florida Supreme Court Task Force on Residential Foreclosure Cases issued their final report. While the report is over 50 pages in length, they are making a number of very important recommendations that should help Florida homeowners. Specifically, they are requiring mandatory mediation for all homestead property in every county in the State of Florida. Right now, only a […]

President Obama Speaks about the Economic Crisis as Lost Promissory Note Defense to Foreclosure Tops Google Searches

Wed Feb 25, 2009 by on Florida Law News

The President made it abundantly clear last night that one of the bailout’s fundamental purposes is to help troubled homeowners who need to refinance their homes, thereby preventing foreclosure. Yet one of the most popular Google searches yesterday concerned one’s ability to delay or stave off a foreclosure by demanding the foreclosing bank produce the original Note. In fact the […]

A Day in Court Defending A Foreclosure

Thu Jan 22, 2009 by on Florida Law News

OK… so I go to court on Tuesday morning for what is called motion calendar. That is where you get maybe unto 5 minutes of face time with the Judge. We were there to move to dismiss a foreclosure for numerous procedural or due process grounds: including the fact that the note was lost and then assigned without recorded proof […]

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