Don’t Be Fooled By Scammers The Note Is Still Enforceable After The Dismissal of Foreclosure Action

Unsuccessful mortgage foreclosure actions have resulted in a new wave of “quiet title” lawsuits brought by borrowers attempting to have their notes and mortgages deemed void and unenforceable. However, the federal district and state appellate courts of Florida considering the issue have uniformly rejected the theory that a failed foreclosure attempt allows mortgagors to obtain their property free and clear of the lien where the mortgage and note have not been paid in full. In recent cases such as Matos … Continued


The long arm of the law is reaching out to a Florida attorney as New York’s attorney general accused a Florida law firm of fraudulently marketing itself. New York Attorney General Eric Schneiderman said in a statement Wednesday that he was suing lawyer Gennady Litvin and two firms he’s involved in: Litvin Law Firm and Litvin, Torrens & Associates. Litvin, a University of Miami law graduate, is based in New York and Fort Lauderdale and has a Florida Bar license. … Continued

JUDGES SANCTIONING FORECLOSURE DEFENSE ATTAORNEYS FOR FRIVOLOUS FORECLOSURE DELAYS Attorneys in Michigan who file what are ruled frivolous complaints or requests for delays in foreclosure or eviction cases can be sanctioned. In a note to clients, Ballard Spahr warns that a Michigan appellate court ruled in February that baseless filings intended to delay those procedures can result in the borrower’s attorney facing sanction and fines. “In Edgett v. Flagstar Bank, after multiple reviews of the borrower’s loan modification requests, the bank completed foreclosure. The borrower then filed a four-count complaint … Continued


Submitted by Rusty Collins on August 18, 2014 – 9:17am Rusty Law In Foreclosure Defense, if you take a case to trial, you play for a fumble.  You are not going to win the game, but you may score something else, like a mortgage modification or a short sale.  You get to ask the other side to prove their case, and in doing so, they may reveal weaknesses, such as unverified information or lack of authority to foreclose. You cannot … Continued