What Does Securitization Have to do With The Florida Foreclosure Process? The foreclosure process in Florida is affected by securitization: the process by which lenders and banks pooled loans together as part of a trust for investors. The basic idea for those investors during the rise of the housing bubble was that spreading their investment …
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How Do the New CFPB Rules Affect Florida Foreclosure Laws? The Consumer Financial Protection Bureau recently announced the finalization of its ability to pay rule and its prohibition on dual tracking. In plain English, the ability to pay rule essentially mandates that lenders verify that borrowers have the wherewithal to pay back their loans, in …
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What Do Foreclosures Have to Do With Civil Rights? Besides the possibility of incarceration, the legal system poses no more severe threat to an average American than that of the forcible eviction of a person from his or her home. Yet most homeowners either do not seek out legal representation to defend their property or …
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Why Should the Public Care About Florida Foreclosure Laws and Oversight? As mentioned in our previous Florida foreclosure process blog post, banks and their advocates will always argue that a faster Foreclosure process in Florida is better for the economy and will turn around the housing market faster. Even if this is true (and our …
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Why do Florida Foreclosure Laws Become Threatened Practically Every Year? Nearly every year, banks and their advocates and lobbyists attempt to change the foreclosure process in Florida. This year is no different, as a bill has recently been filed threatening current due process protections for homeowners. Banks, lenders, and servicers have a vested interest in …
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What is Constructive Service of Process by Publication Under Florida Foreclosure Law? Florida foreclosure laws governing service of process usually mandate that a process server personally hand a copy of a lawsuit to a homeowner to begin the Florida foreclosure process However, there are circumstances in which a homeowner may receive their lawsuit in the …
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What is a Motion to Quash in the Florida Foreclosure Process? When the Foreclosure process in Florida begins, a bank or servicer files a lawsuit against a homeowner and very specific rules governing notice of that lawsuit proscribe the various procedures that a bank or servicer must follow. Usually, a summons alerting a homeowner of …
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