What do you look for in a foreclosure attorney in Miami? Many law firms in Miami have decided to become alleged specialists in Foreclosure Defense, when they have had no experience in Foreclosure law. Many of these attorneys are simply personal injury lawyers or bankruptcy attorneys who either have deep pockets to invest in massive advertisement or have an existing client base that needs foreclosure defense and they Read More
Florida Foreclosure Defense
The bank's lawyer has a lawyer and you should to. There many different ways to defend a foreclosure in Florida. Quality Foreclosure Defense involves the use of the appropriate defenses. At the Law Office of Ray Garcia, P.A. we try to avail ourselves of all possible defenses. In order to defend your foreclosure, we analyze your complete closing package from the origination of your mortgage, which includes a review of Read More
Property Tax Appeals
In Florida, property tax assessments are adjusted once a year. On January 1, the property value and the total tax owed are set for that year. However, there is a method by which to reduce your total tax assessments. To obtain a tax reduction during the year, you must show that the property was overvalued at the time that the value was set which is January 1. Sometime in August of this year you will receive what is Read More
Florida Deed in Lieu of Foreclosure
When negotiating a Deed in Lieu of Foreclosure in Florida be sure to have the lender agree to waive or release you from any deficiency in the difference between the mortgage amount owed and the ultimate market value of the property. This will prevent the lender from suing you in the future for that deficiency. A Deed in Lieu of Foreclosure will provide you no benefit unless you receive a waiver or relase of the Read More
Florida Foreclosure Defense
Just because you are not able to pay your mortgage it does not mean that you do not have a right to defend a foreclosure in Florida. In defending a foreclosure, it is imperative to review all of the documents that you have in your possession from your closing. There are various federal laws and state laws that require lenders to comply with in closing a home purchase, such as the Truth in Lending Act and the Real Read More
New York Times Quotes Ray Garcia
On Sunday March 1, 2009, the New York Times wrote an article regarding Ana Fernandez, who's home had been sold by the bank, however, the Law Office of Ray Garcia, P.A. in its representation of Ms. Fernandez was able to set aside the sale and set aside the summary judgment. The bank, Chevy Chase failed to produce the Note and there was no eveidence that the originating lender had assigned the Note to Chevy Read More
HSBC Loses at Summary Judgment In Broward County, Florida
In HSBC v. Socorro Hernandez, Case No.: 08-53265 filed in the 17th Circuit Court for Broward County, Florida, the Law Office of Ray Garcia, P.A. prevails on HSBC's Motion for Summary Judgment. Judge Rothschild in Broward County, Florida denies HSBC's Motion for Summary Judgment and allows homeowner Socorro Hernandez to continue to defend the foreclosure filed against her. Read More
How Banks Are Worsening the Foreclosure Crisis
By Brian Grow <http://www.businessweek.com/print/bios/Brian_Grow.htm>, Keith Epstein <http://www.businessweek.com/print/bios/Keith_Epstein.htm> and Robert Berner <http://www.businessweek.com/print/bios/Robert_Berner.htm> The bad mortgages that got the current financial crisis started have produced a terrifying wave of home foreclosures. Unless the foreclosure surge eases, even the most Read More
$3.4 Million Dollar Jury Verdict In Las Vegas For Wrongful Foreclosure
By Carmen Dellutri on Janaury 28, 2009 A Las Vegas Jury recently awarded a family $3.4 million in a wrongful foreclosure case. As you can guess, this wasn’t your everyday foreclosure. It kind of reminds you of the McDonalds hot coffee case. After testimony, the Jury found that Countrywide Home Loans, Inc. wrongfully foreclosed on the Plaintiff’s condo and awarded the Plaintiff $922,690 in compensatory damages and Read More
Florida Fair Lending Act
The Florida Fair Lending Act, Chapter 494, Florida Statutes, prohibits predatory tactics on high cost home loans, including: * Charging prepayment penalties for longer than three years * Increased interest on loans going into default * Balloon payments on loans that mature in less than 10 years * Extending credit regardless of a borrower's ability to pay * Making direct payments to home improvement Read More
