New Pew Study Finds Many Americans Think It’s Okay to Default on an Underwater Mortgage: Evaluating Your Options

Larry Tolchinsky | December 29, 2011

The Pew Research Center is one of the country’s most respected research firms, and here at year end, many are listening to what Pew is  reporting regarding Americans’ take on the foreclosure crisis and people not paying their mortgages.  What has Pew discovered? In answers to a Pew survey, thirty-six percent (36%) of Americans said [...]

Florida Short Sales: Should You Short Sale Your Florida Home in 2012?

Larry Tolchinsky | December 27, 2011

Here we are at the end of a stressful financial year for South Florida, and it’s time for all those New Year’s Resolutions to be made for 2012.  Finances are considered, plans are made…and for Florida homeowners with underwater mortgages or with defaulting home loans who are sitting in homes with the stress of a [...]

Florida Mortgage Mediation Program Closes Its Doors: What This Means for Florida Home Owners Facing Foreclosure

Larry Tolchinsky | December 22, 2011

The Florida Supreme Court’s top judge just signed an order on December 19, 2011, that shut the doors on the Florida Managed Foreclosure Mediation Program that the Supreme Court had set up back in 2009.  You can read the Administrative Order (AOSC11-44) signed by Chief Justice Charles Canady online here. What happened? Back in 2009, the [...]

Florida Homeowners Win One Battle in Foreclosure Fraud as Florida Appeals Court Rules In Their Favor in McLean v. J.P. Morgan Chase

Larry Tolchinsky | December 20, 2011

The Florida Fourth District Court of Appeals just issued an opinion that is a very big deal for Florida homeowners everywhere – but especially those who are facing foreclosure as well as those with underwater mortgages who are wondering what their future holds.  In Robert McLean v. J.P. Morgan Chase, as Trustee, Florida’s homeowners won [...]

Florida Foreclosure Defense Basics: The Difference Between Your Note and Your Mortgage and Your Deed of Trust (and Why You Should Care About This)

Larry Tolchinsky | December 15, 2011

Florida home owners – especially those in trouble on their home loans and considering foreclosure, short sale, or what to do about their underwater mortgage – need to know the difference between some of the documents that they signed long ago when they bought their home. Note, Mortgage, Deed of Trust: what are they, what [...]

Florida Families: As Parents Welcome Kids Back Home to Live, Conflict Between Student Loan Debt and the Kids’ Dream of Home Ownership

Larry Tolchinsky | December 13, 2011

Florida may be known as a tourist mecca, what with Miami’s metropolitan nightlife and Orlando’s Disney World, but the truth is that Florida is made up of lots and lots of families who love their Sunshine State.  We’re proud of our roots and there’s no time like the Holiday Season for families all over Florida [...]

Congress Fixing Foreclosure Mess: New Bill Proposes to Limit or Nix Deficiency Judgments on Homes in Proposed Fairness in Foreclosures Act

Larry Tolchinsky | December 8, 2011

It’s being called the Fairness in Foreclosures Act of 2011, although it’s proceeding through the United States House of Representatives as House Resolution 3566, and it’s a big deal to a lot of homeowners in trouble all across the country.  If this bill becomes federal law, there will be a limit of ONE YEAR on any [...]

Year End Planning: It’s Important for Florida Baby Boomers to Have End of Life Documents That Are Valid Under Florida Law (New Poll Shows 70% Americans Do Not Have This Done)

Larry Tolchinsky | December 6, 2011

It’s that time of year again, when travel plans are made and gifts are bought … and for those handling the family finances, there are those end of the year planning considerations: things like finalizing charitable donations to be made for the 2011 taxable year. Unfortunately, as a recent poll confirmed what many Florida probate lawyers [...]

The Power of Real Estate Law: Banks Cannot Legally Foreclose Upon Real Estate Loans They Don’t Own (Even Though YES They’ve Been Foreclosing On Homes Without Them)

Larry Tolchinsky | December 1, 2011

Go down to any real estate records office anywhere in Florida, and get ready for a history lesson.  Florida land ownership goes back to the days of Spanish land grants – and because land ownership has always been so important to people, there have always been careful records kept of who owns what tract of [...]