FL 2nd DCA: May v. PHH Mortgage Corporation – Bank Failed to Demonstrate it Possessed the Note at time it Filed Complaint

May v. PHH Mortgage Corporation May argues that the bank failed to demonstrate that it possessed the note at the time it filed the complaint. We agree. Accordingly, we reverse and remand with directions for the trial court to enter an order of involuntary dismissal. ~ NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION … Read more

H.R. 5148: Meet The “Access To Affordable Mortgages” Act – How Congress Will Create The Next Crisis

Meet The “Access To Affordable Mortgages” Act – How Congress Will Create The Next Crisis Say hello to the next financial crisis, brought to you courtesy of the dumbest new bill of the week: H.R. 5148: Access to Affordable Mortgages Act. Ordinarily whenever an individual wants to borrow money for a mortgage, the bank conducts … Read more

One Bank Witness Cannot Lay the Foundation for Records of Another Business

One Bank Witness Cannot Lay the Foundation for Records of Another Business Cross-posted from The Law Offices of Evan M. Rosen By Evan M. Rosen We won another foreclosure trial recently based on an unqualified witness.  This was not the first win from this type of issue and hopefully not the last. In a recent … Read more

HELOC Resets: Payment Shock Coming to a Home Near You

HELOC Resets Still a Concern Home Equity Lines of Credit or HELOCs are one area of focus of the July Mortgage Monitor issued by Black Knight Financial Services on Tuesday.  The company said there is still concern about possible payment shock for homeowners with HELOCS as the millions put in place during the housing boom … Read more

99 Homes: Spiderman Actor Stars in Foreclosure Drama Researched in Palm Beach County

Spiderman Actor Stars in Foreclosure Drama Researched in Palm Beach County Andrew Garfield, who stars in the Amazing Spiderman, is leaving his web-slinging behind to play a blue collar everyman who gets caught up in the 2008 foreclosure crisis. The new film, 99 Homes, was co-written and directed by Ramin Bahrani, who spent time learning … Read more