Blog entries

Rights of a Partial Owner of Mortgaged Property

Damian Turco — Sun, 15 Jan 2012 07:00:00 +0100

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 righRead More...

Enforcement of A Mortgage Guarantee

Damian Turco — Sat, 14 Jan 2012 07:00:00 +0100

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 toRead More...

What Proof Does a Mortgage Foreclosure Require?

Damian Turco — Fri, 13 Jan 2012 07:00:00 +0100

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 yRead More...

Foreclosure Affirmative Defense: RESPA

Damian Turco — Thu, 12 Jan 2012 07:00:00 +0100

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 ceRead More...

Can Different States Interpret a Divorce Decree?

Administrator — Wed, 11 Jan 2012 07:00:00 +0100

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 aRead More...

Truth-In-Lending Foreclosure Affirmative Defense

Damian Turco — Wed, 11 Jan 2012 07:00:00 +0100

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 avaiRead More...

Foreclosure Affirmative Defense: Unclean Hands

Damian Turco — Tue, 10 Jan 2012 07:00:00 +0100

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 actionsRead More...

Default Letter Necessary Condition to Foreclosure?

Administrator — Tue, 10 Jan 2012 01:54:27 +0100

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.

Homestead vs. Support Enforcement

Administrator — Tue, 10 Jan 2012 01:45:09 +0100

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'Read More...

Foreclosure Affirmative Defense: Usury

Damian Turco — Mon, 09 Jan 2012 07:00:00 +0100

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 maxRead More...

Can Paternity be Disestablished After a Court Establishes it?

Damian Turco — Sun, 08 Jan 2012 22:49:04 +0100

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-Read More...

Foreclosure Affirmative Defense: Unconscionability

Damian Turco — Sun, 08 Jan 2012 20:55:39 +0100

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 unconscionaRead More...

Foreclosure Affirmative Defense: Duress

Damian Turco — Sat, 07 Jan 2012 07:00:00 +0100

HE MADE ME DO IT!!!! Okay, that's a duress claim in a nutshell.

Let's again review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiffRead More...

Foreclosure Affirmative Defense: Fraud

Damian Turco — Fri, 06 Jan 2012 07:00:00 +0100

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 Fraud or Read More...

Foreclosure Affirmative Defense: Lack of Standing

Damian Turco — Thu, 05 Jan 2012 07:00:00 +0100

First let's review the definition of an affirmative defense. An affirmative defense is the stating that a condition has occurred which bars the plaintiff from recovering.

Lack of Standing means that the plaintRead More...

Proving Mortgage Assignments

Damian Turco — Thu, 05 Jan 2012 07:00:00 +0100

What Standard of Proof Applies Regarding Claiming a Mortgage Assignment?

It is well known that creditors regularly transfer mortgage-based rights to other entities. The amount of evidence that one such entity must present to entitle it to a foreclosure is less well known.

Interested in knowing your rights and obligations in a property law proceeding? Schedule a consultation and you'll speak with a Palm Beach Foreclosure attorney for fRead More...

What is Summary Judgment?

Damian Turco — Thu, 05 Jan 2012 01:19:12 +0100

A creditor’s interest in an expedited foreclosure proceeding gives the creditor an incentive to request a judgment without a trial in these proceedings. A trial court’s approval of this request is conditioned on the creditor adequately showing that “no genuine issue of material fact” exists regarding the remaining balance on a mortgage or the debtor’s liability for that amount.

Interested in knowing your rights and obligations in a property law proceeding? ScheduRead More...

Florida Alimony Factors

Damian Turco — Mon, 02 Jan 2012 07:00:00 +0100

What Factors Determine a Former Spouse’s Entitlement to Alimony?

A fact of modern divorce is that a former wife, or a former husband, is not always entitled to alimony. One factor that determines the amount, if any, of alimony is the proof of a spouse’s need. Another element is the paying spouse’s ability to meet that liability.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultation and you'll meet wiRead More...

Valuing Marital Assets

Damian Turco — Wed, 28 Dec 2011 07:00:00 +0100

What Standards Apply When Valuing Marital Assets for Equitable Distribution?

Ensuring that a divorce-related equitable distribution is equitable requires properly valuing the marital assets. For example, awarding one former spouse the marital home and the other former spouse the former couple’s investment portfolio is not necessarily equitable.

Interested in knowing your rights and obligations in a divorce proceeding? Schedule a consultatRead More...

Can a Lender Foreclose if there was Fraud?

Damian Turco — Mon, 26 Dec 2011 07:00:00 +0100

Alleging fraud is common in foreclosure proceedings. A judge who oversees these proceedings must duly consider such claims.

Interested in knowing your rights in a foreclosure proceeding? Schedule a consultation to speak 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 this screen.

In this case, Ms. Wolfe’sRead More...