Month: January 2013

Florida Foreclosure Process, Ability to Pay and Dual Tracking

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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Florida Foreclosure Process – Florida Foreclosure Laws and Oversight

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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Florida Foreclosure Process – Florida Foreclosure Laws and Due Process

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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Florida Foreclosure Process – Service of Process by Publication

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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Florida Foreclosure Process – Service of Process and Motions to Quash

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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