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Statute of Limitations in Foreclosure Cases

On April 13, 2016, the Third District Court of Appeal issued an en banc opinion in the case of Deutsche Bank Trust Co. v. Beauvais.

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Doc Stamps and Loan Mods Again

On January 21, 2016, our firm again appeared for a trial where a Bank had failed to pay the documentary stamp tax on the prior issued loan modification. When the trial court asked our firm how long it expected the trial to take, the answer was less than 5 minutes given that the Bank had not paid the tax.

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Never Say Never Part II

Our firm was retained in May 2015 in the waning days of this foreclosure action. Final Judgment had been entered in September 2014, the sale had already occurred and Certificate of Title had passed to the Bank of New York Mellon. In fact, the Bank had already filed their motion to obtain a writ of possession and have the borrower thrown off his property.

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When Is a Lost Note Really Lost?

In July 2015, our firm was retained by a husband and wife whose foreclosure case had been ongoing since 2010. Given the posture and age of the case, it would be tried before year's end.

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Listen up Banks- You Need to Pay the Doc Stamp Tax on Those Loan Modifications

On December 21, 2015, our firm appeared ready for trial in Palm Beach County. The Bank attorney appeared ready for trial also, except his client forgot one thing, to pay the documentary stamp taxes on a loan modification that our client had obtained prior to the foreclosure action.

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Never Say Never

In July 2015, our firm was retained at the last moment to attempt to have a sale date cancelled. Given that this was a 2008 case and a Consent Final Judgment was entered in June 2013 and the sale had been continued several times before, it should come as no surprise that the sale was not cancelled.

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Understanding Standing

In December 2013, our firm was retained to investigate the possibility of an appealing a foreclosure final judgment. In reviewing the trial transcript, we were of the opinion that the trial court had made numerous evidentiary errors, which included the admission of an acceleration letter dated January 2009.

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My First Foreclosure Case

In 2009, I was primarily a personal injury and commercial litigation attorney. As such, I had absolutely no knowledge or experience in defending a foreclosure case. Despite this admitted lack of skill, I agreed to represent a family member in a foreclosure action when it was clear that the Bank and its servicer were either not interested or just did not care in having the loan modified.

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