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Category Archives: Foreclosure Defense

before mortgage company forecloses

Responding to a Complaint Before Your Mortgage Company Forecloses

By Jacobs Legal |

You’ve been served a “complaint for foreclosure” or “petition for foreclosure,” along with a summons. What do you do? What do you need to know? In a previous blog, we defined some key terms in the foreclosure process. First off, it is good to know that Florida, in the case of foreclosure legal proceedings,… Read More »

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Complaint, Summons, and Lis Pendens

The Difference Between a Complaint, Summons, and Lis Pendens in a Foreclosure Lawsuit

By Jacobs Legal |

In a foreclosure lawsuit, there are a series of documents the lender or bank must prepare in order to pursue a mortgage foreclosure. The mountain of paperwork signed at a property’s closing forms the basis for a potential lawsuit, most significantly of which are the promissory  note and mortgage. If you receive a Notice… Read More »

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Disputing the Validity of a Mortgage Debt in Florida

Exercising Your Right to Dispute the Validity of a Mortgage Debt

By Jacobs Legal |

If you’re facing the threat of foreclosure from your mortgage lender, it is important to know and understand your rights – you have more than you may think. An important right that many homeowners fail to exercise is disputing the validity of the debt. What to Know About Fair Debt Collection Practices The Fair… Read More »

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Key Information in Your Promissory Note and Mortgage to Protect You From Foreclosure

By Jacobs Legal |

With real estate contracts typically going longer than 100 pages, it’s very rare for anyone buying a home to understand all of the documents they sign at closing. That’s intentional. You are supposed to feel overwhelmed with the whole process to the point where you will just sign anything and everything. The Bank’s lawyers… Read More »

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What Effect Does Bankruptcy Have on a Foreclosure?

By Jacobs Legal |

When the economy went sour, and thousands of people started losing their homes to foreclosures, one way that the general public thought was a good idea to stave off a foreclosure was bankruptcy. There was a common perception that filing a bankruptcy would put off a foreclosure, or even allow someone to keep their… Read More »

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Banks are Big Winner Under the New Tax Plan

By Jacobs Legal |

When the foreclosure and economic crisis that started in 2008 started to come to an end, and the lives of Americans began to improve, it was time to take an autopsy of the American economy and figure out what happened and what went so wrong. A major cause was related to the greed, fraud,… Read More »

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What Does Standing to Sue Really Mean?

By Jacobs Legal |

During the height of the foreclosure crisis–and even now, as homes continue to be foreclosed on–the word “standing” was heard routinely. It is often said that banks don’t have standing to bring their suits, or that a foreclosure case was won on the basis of standing. But what does that word even mean? Having… Read More »

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Illegal Fees are Often Added to a Homeowner’s Indebtedness in Foreclosure Cases

By Jacobs Legal |

Almost every mortgage has a provision allowing a homeowner to reinstate a defaulted mortgage by paying what is due and owing as of the time of the default. This provision applies even if the loan has been accelerated (i.e., everything borrowed is immediately declared to be due), and even if the loan is in… Read More »

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Florida High Court Protects Consumers’ Right to Collect Attorney’s Fees

By Jacobs Legal |

The Florida Supreme Court has taken a step to help homeowners who seek out attorneys to help them fight foreclosure cases. The recent case allows firms like ours to continue helping those in need. Prevailing Party Contract Provisions It is established law that where a contract (which includes a mortgage) says that a party… Read More »

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Court Sanctions Bank Foreclosure Attorneys for Skipping Trial Three Times

By Jacobs Legal |

Since the days when the foreclosure crisis first started, one thing has been consistent: Banks and their attorneys don’t want to provide or produce evidence to homeowners trying to defend their case, and they will make every argument—even frivolous ones—to avoid doing so. It’s one thing to abuse court resources and everyone’s time making… Read More »

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