FL 2nd DCA: SPENCER v. DITECH FINANCIAL – Some-Evidence, No-Evidence Rule in Foreclosures

Are Florida’s Appellate Courts finally getting fed up with the lower courts allowing inadmissible evidence in foreclosure proceedings? Read Judge Salario’s Specially concurring opinion below, along with the full opinion attached and decide for yourselves. ~ ISAIAH L. SPENCER and SHATIKA L. SPENCER, V DITECH FINANCIAL, LLC CASE NO. 2D16-4817 ROTHSTEIN-YOUAKIM, J., Concurs. SALARIO, J., … Read more

702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too” 702.12, F.S. – A new Florida law signed Monday will allow documents filed in federal bankruptcy proceedings to be admitted as evidence in foreclosure cases, barring homeowners who have agreed to surrender property in bankruptcy court from … Read more

Amazon Sets Off To Become America’s Biggest Mortgage Lender

Amazon Sets Off To Become America’s Biggest Mortgage Lender First it monopolized the online retail space; then it made a dramatic appearance in the bricks and mortar grocer sector with its acquisition of Whole Foods, and lately it has been preparing to take on both the pharmaceutical & healthcare sector,  and even banking. And it’s … Read more

New Front in MBS Litigation: Pension Funds Claim Ocwen Breached ERISA Duty

I know that there’s an obsessive, ‘My name is Inigo Montoya’ quality to my bringing a claim against mortgage servicers,” Miller said in an email, referring to “The Princess Bride” character who spent half of his life seeking revenge against his father’s killer. “I’m okay with that … The banks recovered and millions of families … Read more

Prosecutors and Judges Have Brought Back Debtors’ Prisons

Prosecutors and Judges Have Brought Back Debtors’ Prisons A new report details how easily you can be put in jail simply for owing a company money. By David Dayen One of the defining features of my work has been the loss of integrity in the justice system, not just because of separate tiers of accountability … Read more

Single-Family Rental Industry: Companies Keep Tenant Security Deposits, Pad Move-Out Statements, Turn Former Tenants’ Accounts Over to Debt Collectors

Single-Family Rental Industry: Companies Keep Tenant Security Deposits, Pad Move-Out Statements, Turn Former Tenants’ Accounts Over to Debt Collectors Second Class Petty Officer Jonathan Stacy had always thought of himself as capable of handling whatever the U.S. Navy threw at him. Then he met his match: American Homes 4 Rent, the Agoura Hills, California-based real … Read more