Bankers Warned to Think Twice Before Going After Deficiency Judgments After Last Week’s News of Overestimated Number of Strategic Defaults

Larry Tolchinsky | February 24, 2011

Deficiency judgments are sometimes sought in lawsuits brought by banks when a home goes through a foreclosure sale and afterwards there is still an amount left owing on the mortgage note.  Being left with money still owed to the financial institution after already losing one’s home in a foreclosure is a true nightmare for many [...]

Who Gets To Hold the Evil-Doing Foreclosure Fraud Law Firms in Florida Accountable?

Larry Tolchinsky | February 22, 2011

This morning, attorneys are arguing before a Florida appeals court about who gets access to client files kept in attorneys’ offices – arguments that arise out of the huge foreclosure fraud mess that Floridians face.  It’s a showdown occurring over in West Palm Beach at the Fourth District Court of Appeals, where a three judge panel made [...]

Florida Judge Holds Lawyer in Contempt for Bad Foreclosure, Dismisses July 2010 Foreclosure Judgment, and Bans Bank From Refiling

Larry Tolchinsky | February 17, 2011

Florida Circuit Court Judge Maxine Cohen Lando is joining with members of the judiciary across the country (especially Massachusetts) in coming down hard and decisively in cases involving fraudulent documentation in foreclosure proceedings.  In fact, Miami-Dade Judge Lando has garnered national spotlight this week, as she held Marc Ben-Ezra, the head of the well-known, Hollywood, [...]

Citigroup Example: Will Your Bank Negotiate a Settlement of Your Wrongful Foreclosure Claim? It’s Looking Better All the Time.

Larry Tolchinsky | February 15, 2011

Citigroup has begun negotiating financial settlements of wrongful foreclosure claims; in fact, Citigroup has been quietly doing this for several months now.  In its analysis of reporting published by Bloomberg last week, Propublica points out that Citigroup has been forking up the money to cover the homeowner’s legal expenses along with agreeing to a lower [...]

Loan Modifications To Avoid Foreclosure Are Failing: Things to Consider Regarding Modifying Home Loans Right Now

Larry Tolchinsky | February 10, 2011

Loan modifications – revamping mortgage loans to avoid the homeowner losing the property to foreclosure – were a great idea when the real estate crisis hit a couple of years back.  It’s not really debatable at this point that loan modifications are not working.  As ProPublica reporters Paul Kiel and Olga Pierce point out in last [...]

Did Your Foreclosure Violate the Law? Are You a Victim of Wrongful Foreclosure?

Larry Tolchinsky | February 8, 2011

What’s a wrongful foreclosure and are you the victim of one?  Not easy questions to answer. 1.  Florida Lawyers are having to enhance their knowledge of Florida foreclosure law.  Ethics code requires Florida lawyers to report any suspicious or wrongful foreclosure activity. As reported in the Miami Herald last week, Florida attorneys are being required to [...]

Florida’s Pino Case Goes to Florida Supreme Court: May Set National Foreclosure Fraud Precedent

Larry Tolchinsky | February 4, 2011

The Florida Supreme Court has been asked by the Fourth District Court of Appeal to review its opinion and give its own determination on what’s the right thing to do in the case of Roman Pino’s foreclosure of his home in Greenacres.  Seems that the appellate court took the unusual step to send the matter directly to the [...]

What is HAFA, What are the Feb 2011 HAFA Changes, and How Can HAFA Help You If You’re Facing Foreclosure? – Deficiency Judgment Relief

Larry Tolchinsky | February 2, 2011

HAFA stands for a federal government program named “the Home Affordable Foreclosure Alternatives Program” which was created to compliment another government program, the “Making Home Affordable Program.” Both are under the supervision of the U.S. Treasury Department as part of the TARP (Troubled Asset Relief Program). HAFA steps in to help homeowners who: 1. do [...]