 |
|
| |
Turco Legal Blog
A short description about your blog
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.
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 a type of civil litigation and, accordingly, the rules and defenses applicable in other civil litigations may apply to your foreclosure case as well. Today we will discuss the affirmative defense of "UNCLEAN HANDS."
Let's again review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiff from recovering.
In our court system, there are actions "in equity" and there are actions "at law." What's the difference? When the action is at law, that means the injury can be remedied with a money judgment and that's what you're asking the court for. At law, you'd essentially be arguing that because of the wrong of the other side, you incurred damages and you are asking the court that it awards you those damages.
A foreclosure is a type of civil litigation and, accordingly, the rules and defenses applicable in other civil litigations may apply to your foreclosure case as well. Today we will discuss the affirmative defense of "USURY."
Let's again review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiff from recovering.
So what is Usury? There is an absolute maximum lenders may charge their borrowers. That figure is 18% (eighteen percent). Although usury is available in a very small percentage of cases, it may apply if you were the victim of predatory lending. If you believe this to be the case, contact an attorney immediately to discuss your possible defenses.
Can Paternity be Disestablished After a Court Establishes it?
Although proof related to establishing paternity can determine that someone fathered a child, subsequent reliable evidence that that person is not the father can disestablish that paternity.
Interested in knowing your rights and obligations in a family law proceeding? Schedule a consultation and you'll meet with a Palm Beach Family Law Attorney. 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 be in touch shortly.
A foreclosure is a type of civil litigation and, accordingly, the rules and defenses applicable in other civil litigations may apply to your foreclosure case as well. Today we will discuss the affirmative defense of "UNCONSCIONABILITY."
Let's again review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiff from recovering.
The affirmative defense of unconscionability is a bar to a plaintiff's action, but what exactly is it? You've likely heard the phrase, "That's unconscionable!" and know that it means that something is unfair. That is basically it, but the true definition is a bit more refined. First off, unconsionability applies to the terms of a contract and is based on a measure of reasonableness. Unconsionability, used as an affirmative defense in foreclosure actions, is when mortgage and/or promissory note terms are so unreasonably favorable to the lender, that the term is oppressive to the borrower. The defense would also cover situations when there is deceitful conduct resulting in an oppressive term to the borrower.
HE MADE ME DO IT!!!! Okay, that's a duress claim in a nutshell.
A foreclosure is a type of civil litigation and, accordingly, the rules and defenses applicable in other civil litigations may apply to your foreclosure case as well. Today we will discuss the affirmative defense of "DURESS."
Let's again review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiff from recovering.
|
|
|
|
|
|
Request Your FREE Attorney Consultation
|
| Turco Legal handles all components of divorce matters including, the dissolution of marriage, alimony, custody, child support, enforcement of alimony and support, child relocation, paternity, same-sex couples, prenuptial agreements, postnuptial agreements, antenuptial agreements, cohabitation agreements, restraining orders, domestic violence, domestic abuse. The firm also handles all components of adoption matters, including surrogacy, surrogate mother representation, placement, and foster care placement. The firm also handles all components of estate planning, including wills, last wills and testaments, trusts, revocable trusts, irrevocable trusts, intervivos trusts, pour over wills, pet trusts, honorary trusts, durable power of attorney, health care advanced directives, health care surrogates, health care proxies, health care proxy, do not prolong life order, probate, intestate distribution, will contests, capacity challenges, guardianships, and homestead property. |
|
|
|
