Florida Court Sides with Bank in Key Mortgage Liability Case

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The case is up on appeal in federal court with the appeal filed in March 2015 (9:15-cv-80328). It is not expected to be resolved anytime soon. But be aware that if you filed a prior Chapter 7 and received a discharge of the liability to the lender, you may have waived your right to defend the foreclosure.

SAMPLE REQUEST FOR PRODUCTION OF FORECLOSURE DOCUMENTS A Request for Production of Documents is an essential part of the overall discovery process that entitles you to copies of all the important documents in your case. By forcing the bank to prove they have the right to sue you AND complied with all of the legal requirements for handling and recording your loan, you’ll be in a much.

 · Advice on Two Judgments on Same Account.. Latin for “the issue has been decided,” which means that if a matter has already been ruled upon by an appropriate court, a new case cannot be brought for the same cause of action.. My situation is similar, but with a few key differences. In Idaho, I have a credit card debt and was contacted.

If the court finds that the foreclosed property was worth more than the note balance on the sale date, the court will not give the mortgage lender a deficiency judgment against the borrower. A 2013 Florida statute gives the mortgage lender one year after the foreclosure sale to file a motion for deficiency.

Florida Property and real estate laws Florida has specific laws when it comes to landlords and tenants, real estate and property. For instance, a landlord in Florida has between 15 to 60 days to return a tenant’s security deposit, depending on whether the tenant disputes the deductions.

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