In re Valone, — F.3d —-, 2015 WL 1918138 (11th Cir. 2015).
Chapter 13 bankruptcy debtors who do not claim the homestead exemption may instead choose the “wildcard” exemption” under Florida Statute section 222.25(4) even if they protect their home through the use of the Chapter 13 bankruptcy process.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: carollawsonesq@gmail.com
Morejon v. F&M Real Estate, Inc., et. al., 40 Fla. L. Weekly D823a (Fla. 2n DCA April 8, 2015). Unless a borrower voluntarily agrees to produce financial documents in advance of a mediation to allow a lender to evaluate possible mortgage options or options to foreclosure, court-ordered foreclosure mediations may become futile. The 13th Judicial Circuit’s interlocutory order requiring borrowers to produce private financial records for court-ordered mediation, based upon their Uniform Order of Referral to Foreclosure Mediation which requires that the borrower provide a completed financial disclosure form and any additional documentation requested by the plaintiff at least 30 days prior to the scheduled mediation was quashed by the 2nd DCA.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: calh@gate.net
A jury has awarded $16.2 million in damages to a Yuba County homeowner who nearly lost his home to foreclosure after his loan servicer botched his mortgage modification.
Phillip Linza, a homeowner in Plumas Lake, was awarded the damages after a three-year battle against PHH Mortgage Services, a loan servicer based in Mount Laurel, N.J. A Yuba County Superior Court jury decided on the award earlier this week.
Linza’s attorneys Andre Chernay and Jon Oldenburg of the United Law Center in Roseville, said the award included $514,000 in compensatory damages and $15.7 million in punitive damages. They said it ranked among the biggest jury awards they’ve encountered in years of representing homeowners in foreclosure and other mortgage-related cases.
This case involved a botched loan modification. The borrowers made all the trial payments as instructed.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: calh@gate.net
The Ninth Circuit \, U.S. Court of Appeals dismissed in part, reversed in part, and affirmed in part, an appeal from the dismissal of numerous allegations in multidistrict litigation challenging the role of MERS in the foreclosure process.
The Ninth Circuit reversed the dismissal of a claim with regards to “robo signing”, based upon Arizona’s false documents statute, but upheld the dismal of other claims.
The complaint had a count alleging wrongful foreclosure based upon “note-splitting” – in violation of Nevada, California and Arizona law – the Ninth Circuit found that claims failed because “none of the [borrowers] has shown a lack of default, tender, or an excuse from the tender requirement, [borrowers’] wrongful foreclosure claims cannot succeed.”
The Ninth Circuit ruled that Edelstein v. Bank of New York Mellon, 286 P.3d 249 (Nev. 2012) “makes clear that MERS does have the authority, for the purposes of Nev. Rev. Stat. Sec. 107.080, to make valid assignments of the deed of trust to a successor beneficiary…”
The Court found the borrowers’ allegations of wrongful foreclosures under Arizona, California and Nevada law were without merit and rejected the related claim of aiding and abetting wrongful foreclosure.
A copy of the opinion is available at: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/06/12/11-17615.pdf.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: calh@gate.net
I am thinking of holding a clinic on how to fill our loan modification forms on a Saturday afternoon to be determined. The clinic would be hands on for 2 hours, seating would be limited to 8 people and the cost would be $100 per person. We will provide loan modification forms and you can bring your own. I will take you through the loan modification process step by step. Any takers?
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: calh@gate.net
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Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: calh@gate.net