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 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 [...]

Buyer of Foreclosure Held Not to Have Title to Land: According to Mass Supreme Court It Remains With the Homeowner Who Lost His Home to a Bank Mortgage Foreclosure

Larry Tolchinsky | November 1, 2011

The Massachusetts Supreme Court has released its decision in a foreclosure fraud case that may impact mortgage holders as well as buyers of foreclosed properties in Florida and across the United States. Back in January 2011, we along with other real estate attorneys and state court judges from all over the state and the rest [...]

Florida Banks Are Filing Foreclosures Again: ALERT to Florida Homeowners Facing Foreclosure – Act Now, Not Later: Get a Florida Lawyer ASAP and Advance Your Foreclosure Defenses

Larry Tolchinsky | October 19, 2011

The wait may be over: foreclosure filings in Florida are on the increase, according to two top industry watchers, and this may mean that Florida banks are gearing up to foreclose on lots of home owners who have been setting in their homes for many months, waiting for that foreclosure notice. For a long while, [...]

Writing Your Florida Last Will and Testament? Things to Consider Before Using Online Will Services (Like RocketLawyer or LegalZoom) or Store-bought Will Forms

Larry Tolchinsky | October 13, 2011

It is true that Florida probate lawyers compete with online will services and companies that publish generic forms for Last Wills and Testaments.  Some of those who will be reading this article will respond with a knee-jerk reaction that any warnings from a Florida probate attorney are biased and self-serving.  However, that’s not true. The [...]

Florida Homeowners May Lose Their Day in Court: Don’t Be a Lone Wolf When Facing Foreclosure – Get Legal Advice

Larry Tolchinsky | October 11, 2011

Right now, Florida’s governor (along with Florida bankers) are moving to change Florida’s system of foreclosing – which currently happens when a lawsuit is filed in the local courthouse – to that of “nonjudicial foreclosures” where the banks won’t have the oversight by judges when they foreclose on a Florida home.  We’re monitoring this situation, [...]

Attention Florida Homeowners – Have You Stopped Making Your Mortgage Payment? Are You Thinking About Not Paying Your Florida Home Loan Anymore? Here Are Some Things To Consider.

Larry Tolchinsky | October 6, 2011

Today, another federal report was released, this time from the Office of the Comptroller of the Currency: seems that mortgage delinquencies are rising again.  Which means that many people are not making that monthly mortgage payment.  As the Wall Street Journal suggests, this number is only going to go up if unemployment rates rise. Florida [...]

Are You Behind in a Bank of America Mortgage or a Countrywide Home Loan? Get Ready to Fight a Foreclosure Action As BofAm Gears Up Its Foreclosure Machine

Larry Tolchinsky | September 15, 2011

Here in South Florida, odds are high that you or your neighbor or your friend have your home mortgage with Bank of  America.  Why? Bank of America holds not only mortgage notes that Bank of America made with its customers, but also mortgages made awhile back by Countrywide Financial Corporation because Bank of America took [...]

Short Sales May Be the Answer for More Florida Homeowners Facing Threat of Mortgage Foreclosure: Short Sales Becoming Popular With Lenders

Larry Tolchinsky | August 23, 2011

According to Moody’s Investors Service, short sales of homes that are at risk of foreclosure (called “distressed properties’) grew to 25% of all liquidations of distressed properties by mid-2011, which is a big jump from two years ago when they were at 8%.   As the time it takes for lenders to foreclose on a [...]