A business with multiple owners facing a foreclosure complicates things. This is because each owner’s limited say regarding how to respond can create conflict if they disagree regarding the best course of action.

Interested in knowing your rights and obligations in a foreclosure proceeding? Schedule a consultation and you'll speak with a Palm Beach Foreclosure Attorney. Just call our office at (561)472-0919 or complete a Consultation Request form to the right of the screen and we'll be in touch shortly.

A request to allow a foreclosure sale brought the matter of  SR Acquisitions -- Florida, LLC, v. San Remo Homes at Florida City, LLC, before the Florida 3rd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.

A guarantee to pay a mortgage if a debtor defaults in paying it is the same as any other contract, enforcing it requires proving that the person that you want to hold responsible is liable.

Interested in knowing your rights and obligations in a property law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Foreclosure Attorney. To do so, just call our office at (561)472-0919 or complete and submit a Consultation Request form to the right of your screen and we'll follow up with you.

Grove One Realty and others challenging a foreclosure judgment brought the matter of Grove One Realty, LLC v. Ocean Bank before the Florida 3rd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.

What Level of Proof Does a Mortgage Foreclosure Require?

A basic legal principle is that someone must be entitled to enforce the right regarding which he or she is seeking a remedy. This requires regarding mortgages that the creditor who is pursuing a foreclosure that that business currently has the right to enforce the mortgage’s terms.

Interested in knowing your rights and obligations in a foreclosure proceeding? Schedule a consultation and you'll speak with a Palm Beach Foreclosure Attorney. Just call our office at (561)472-0919 or complete and submit a Consultation Request form to your right.

If you are being sued by your lender in a foreclosure action, you need to understand all defenses available.  There are several affirmative defenses of the traditional sort, including fraud, unconscionability, and unclean hands.  But you may also have an affirmative defense specifically available in mortgage foreclosure actions.  One such defense is the assertion of RESPA violations.  

RESPA or the Real Estate Settlement Procedures Act is a federal act requiring certain disclosures to be made to borrowers.  It's been around since 1974 and covers mortgages on 1 to 4 family residential homes. Although this may be a defense available to you, it's complex, requires a close look at the mortgage documents, and we recommend a discussion with a competent attorney.

Interested in speaking with a Palm Beach Foreclosure Attorney?  Just call our office at (561)472-0919 or submit a Consultation Request form located on the right of your screen and we'll be in contact with you.

The general rule regarding involving another state in divorce-related proceedings is whether the other state has an adequately strong interest to justify that involvement. One factor is which people whose rights are at stake live in the second state.

Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Divorce Attorney. To do so, just call our office at (561)472-0919 or complete and submit a Consultation Request form to the right of your screen and we'll follow up with you.

Mr. Sullivan challenging the Florida trial court’s determination of the proper modification of child support duties brought the matter of Sullivan v. Hoff-Sullivan before the Florida 1st DCA (appeals court.) The appeals court issued its decision on December 2, 2011.

If you did not receive full disclosure of the basic terms of your loan when you signed it, you may have a Truth-in-Lending Act (TILA) affirmative defense.  

TILA was originally Title 1 of the Consumer Credit Protection Act and has been around since the late 1960s.  Subpart E of the act pertains to mortgage transactions and requires lenders to disclose the basic terms of your loan in a uniform disclosure document.  

Although a TILA affirmative defense may be available to you, it's complicated and you should speak with an attorney prior to asserting it.  

A foreclosure is not always the next step after a mortgage default. A mortgage’s terms and/or state law often entitles a property owner to notice of a default before a creditor can pursue possession of mortgaged property.

Interested in knowing your rights and obligations in a property law proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Foreclosure Attorney. To do so, just call our office at (561)472-0919 or complete and submit a Consultation Request form to the right of your screen and we'll follow up with you.

Mr. Bryson challenging  his creditor’s right to a mortgage foreclosure brought the case of Bryson v. Branch Banking and Trust Company before the Florida 2nd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.

Conflicts in laws that protect competing rights and other interests can require that a court determine which protection trumps the other. One way that this conflict can occur in divorce proceedings is when a former spouse seeks a court order to apply proceeds from selling a homestead to satisfying a support duty delinquency.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultation and you'll be able to meet with a Palm Beach Divorce Attorney. To do so, just call our office at (561)472-0919 or complete a Consultation Request form to the right of your screen and we’ll follow up with you.

Rina Kerzner challenging a court order that denied her request for a portion of the proceeds from selling the marital home of her former spouse Stuart Kerzner’s and his second wife Dana brought Kerzner v. Kerzner before the Florida 3rd DCA (appeals court.) The appeals court issued its decision on November 30, 2011.