Miami Foreclosure Lawyer Blog

A recent court ruling in Bank of New York V. Stephen Silverberg, the New York Supreme Court ruled that a bank couldn't foreclose on a couple's Long Island house because of problems with documentation by Countrywide and MERS.

Miami Foreclosure Lawyers continue to monitor the latest developments with Countrywide loans and some of the other lending institutions leading the way with shoddy mortgage documents. The firm is a member of Max Gardner's Army, a network of mortgage foreclosure lawyers sharing techniques in real time on how to fight for homeowners. We use those tactics and others to help homeowners fight foreclosure in Miami.

At issue in the New York case was a problem with MERS, the Mortgage Electronic Recording System created in 1993 by the residential mortgage industry to track sales of homes. But the system is flawed because it doesn't necessarily properly record transactions. And lenders have relied more on MERS than county clerk offices when filing mortgage foreclosure lawsuits. For instance, when a mortgage is sold, information is registered in MERS, but no assignment is recorded. So, if a homeowner faces a foreclosure, county records may not reflect whether the company, a trust of investors or another lender actually owns the house.

In the case of the Silverbergs, they obtained a $450,000 loan from Countrywide Home Loans in 2006. According to the court ruling, the mortgage refers to MERS as the mortgagee and provides that the underlying promissory note is in favor of Countrywide. A year later, the couple took out a second mortgage from Countrywide and executed a consolidation agreement.

Defaulting a year later, MERS, as Countrywide's nominee, assigned the agreement to the Bank of New York. On appeal, the couple argued that the bank doesn't have standing to sue because it didn't own the notes and mortgages at the time it commenced the foreclosure action. Neither MERS nor Countrywide ever transferred or endorsed the notes described in the consolidation agreement to the plaintiff.

Without actually possession of the promissory note, the court ruled, MERS was never the lawful holder or assignee of the notes described and identified in the consolidation agreement. The court ruled that the home couldn't be foreclosed on as a result. And in its ruling, the court noted that MERS holds more than 60 million mortgage loans.

This ruling comes on the heels of other problems with Countrywide loans, as previously reported by Miami Foreclosure Lawyer Blog. As recently reported by Fortune Magazine, many of Countrywide's mortgage securitizations may be invalid after an investigation by the magazine revealed that many loans weren't properly handled.

The magazine did an investigation of more than 130 foreclosure cases in two New York counties involving Countrywide, which was bought out by Bank of America in 2008. Of the 130 cases, 104 were loans originally made by Countrywide and of those, none were endorsed by Countrywide. The investigation began after a Bank of America official testified under oath in a New Jersey bankruptcy case that Countrywide didn't deliver the notes to the securitization trustee and that the company's notes weren't endorsed except on a case-by-case basis, usually long after securitzation occurred. Under securitization contracts, both steps are required.

It's obvious what kind of problems these banks are having with their loans. Not only do they not properly document who owns your house in many cases, they don't follow the rules when they sell your mortgage as part of a securitization. Our firm works to exploit those problems to help you save your home.

Continue reading "More Problems for Countrywide in Miami Foreclosure Cases" »

According to a recent report in The Miami Herald, there were only 4,640 foreclosures filed in May in South Florida, down from nearly 15,000 in May 2010.

What this shows is that banks still haven't gotten to the root of the problems that Miami Foreclosure Lawyers have seen with robo-signing, bad mortgage servicer company documents and errors made in paperwork banks and their law firms have tried to file in court. While it may not be easy, fighting foreclosure in Miami has become more advantageous for homeowners in upside down mortgages clinging to their houses.

The analysis was done by research firm RealtyTrac and shows that mortgage foreclosure filings are only one-fourth of what they were at this time last year. Miami-Dade County had 2,768 foreclosures in May, down 64 percent from the same month last year. Since last fall, banks have slowed foreclosure processing to deal with document irregularities, so the drop reflects the banks problems and not necessarily an improving housing market.

Experts predict a new wave of foreclosure cases may be filed once banks and lending institutions figure out their bad paperwork, but there are tens of thousands of cases that were handled by two foreclosure law firms that went out of business, leaving behind those cases that have been sitting stagnant.

While all of this may seem like bad news and the thought of losing one's home can be terrifying, this news is good news for homeowners who are facing or may face foreclosure. With the glut of cases on the court docket and banks struggling to fix their errors, judges nationwide are beginning to hold banks accountable.

There have been many recent rulings where banks haven't been able to foreclose on a house because they can't prove who actually owns it. Mortgages are sold left and right to investor groups and sometimes the paperwork isn't properly kept. This can provide the homeowner with a great defense to foreclosure.

And bank regulators are searching for ways to force banks to accept reasonable offers to jump start the economy. This can include loan modifications. Many banks would rather attempt to foreclose on a house instead of working with homeowners to modify the loan to what the house is worth.

Our firm will investigate your case thoroughly and fight for a loan modification if that's what the homeowner wants most. If our client is on the brink of foreclosure and must stop making mortgage payments because of a job loss or other problem in their life, we will do everything we can to prove the bank can't determine who owns the house or help you avoid a deficiency judgment at the end of a foreclosure case. There are many defenses to these kinds of cases, especially in light of all the recent bank problems. But don't attempt to deal with the banks alone. Get sound advice by calling today.

Negotiate from Strength!

Continue reading "Banks' Problems Continue to Linger as Miami Foreclosure Processing Slows" »

In Bank of New York v. Stephen Silverberg, the New York Supreme Court ruled that the bank filing a foreclosure against homeowners didn't have standing because of a problem with MERS.

As Miami Foreclosure Lawyer Blog has previously pointed out, MERS -- Mortgage Electronic Recording System -- is a flawed system devised by the residential mortgage industry to track purchases and sales of homes. Along with robo-signing issues and other ways for Miami homeowners to fight foreclosure, Miami Foreclosure Lawyers will use any means necessary to help you stay in your home and hold banks accountable for their errors.

In 1993, MERS was created as a private system so banks could keep track of sales at a quicker pace than county court clerk offices. But foreclosure defense lawyers have pointed out many flaws in the system. For instance, when a mortgage is sold, information is registered in MERS, but no assignment is recorded. So, if a homeowner faces a foreclosure, county records may not reflect whether the company, a trust of investors or another lender actually owns the house.

Enter the Silverbergs from Long Island. According to the recent court ruling in New York, they obtained a $450,000 loan from Countrywide Home Loans in 2006. According to the court ruling, the mortgage refers to MERS as the mortgagee and provides that the underlying promissory note is in favor of Countrywide. A year later, the couple took out a second mortgage from Countrywide and executed a consolidation agreement.

After defaulting on the consolidation agreement, MERS, as Countrywide's nominee, assigned the agreement to the Bank of New York. On appeal, the couple argued that the bank doesn't have standing to sue because it didn't own the notes and mortgages at the time it commenced the foreclosure action. Neither MERS nor Countrywide ever transferred or endorsed the notes described in the consolidation agreement to the plaintiff.

The issue decided by the court is whether MERS, as nominee and mortgagee for purposes of recording, can assign the right to foreclose upon a mortgage to a plaintiff in a foreclosure action absent MERS's right to, or possession of, the actual underlying promissory note. The court ruled that because MERS was never the lawful holder or assignee of the notes described and identified in the consolidation agreement, MERS was without authority to assign the power to foreclose to the plaintiff. MERS reportedly holds 60 million mortgage loans.

Miami foreclosure lawyers have seen the many problems caused by MERS and other tactics within the lending industry and how they have caused homeowners to unjustly lose their homes. We are committed to helping homeowners fend off banks that have filed incorrect paperwork and are unable to prove who actually owns the house on which they are attempting to foreclose. If you believe there are problems with your bank's paperwork or simple want to fight foreclosure whatever the reason, call today.

Continue reading "Bank of New York V. Stephen Silverberg Shows Problem With MERS in Miami" »

According to a recent CNN report, one West Palm Beach couple has lived in their five-bedroom home for five years and millions of others have lived mortgage payment-free because of lender errors and the long foreclosure process.

Miami Foreclosure Defense Lawyers have made it a priority to help homeowners fight back against greedy banks and lending institutions and help people stay in their homes. Problems with mortgage servicers, robo-signed documents and other errors have helped homeowners overcome the questionable practices of banks throughout Miami. Our firm believes in fighting foreclosure in Miami and negotiating from a position of strength against the banks.

According to the article, there are nearly 4.2 million mortgage borrowers who are either delinquent or had their cases referred to lawyers to pursue foreclosure auctions. Of those, nearly 66 percent have made no payments at all for at least a year and nearly 33 percent have gone more than two years without payments.

On average, a foreclosure takes 565 days from their first missed payment for a lender to foreclose on borrowers in default. In New York, the average is 800 days and in Florida, where the robo-signing issue has been most combative, the average is 807 days. That's more than two years that a person can live in their house as the foreclosure process goes on.

Potentially losing one's home can be a terrifying prospect, but because of the glut of foreclosure cases filed in Miami-Dade County and throughout Florida, the time it takes for these cases to finish up is staggering. Our law firm works to help homeowners stay in their houses, even as the foreclosure process is ongoing.

The truth is, financial institutions have fallen short in their efforts to properly foreclose on many houses in South Florida. They have used mortgage servicers that have been investigated by all 50 states' attorneys general. Those companies have falsely signed documents, alleged that documents were true when bank officials never even looked at them and filed with the court paperwork that is completely inaccurate.

The government imposes strict regulations on banks and our firm will investigate your loan for the many possible errors, such as:

1. Lost Promissory Note or Assignment defenses
2. Bad loan origination
3. Inaccurate loan servicing
4. Truth In Lending Act Violations (TILA)
5. Home Owner's Equity Protection Act (HOEPA)
6. Real Estate Settlement Practices Act (RESPA)

All of these areas and more allow homeowners to gain an advantage and the upper hand when dealing with greedy and unprepared financial institutions that try to storm into court and take away a person's house.

If you have experienced a job loss or other of income event in your life and don't believe you are able to make payments on your house or if you are one of the many homeowners who is "upside down" in your mortgage and don't want to ruin your life savings, call our firm. We can advise you on the best avenue to either help you stay in your home or successfully walk away.

Continue reading "4.2 Million Homeowners Live Years Without a Mortgage Payment Due to Miami Bank Errors" »

A recent article in the Columbia Law Review calls for a revamping of the land title system in America after seeing the many errors in the mortgage foreclosure process.

Miami Foreclosure Defense Lawyers have witnessed many of these problems firsthand -- "robo-signed" documents, paperwork testified to in court that is supposed to be accurate but isn't and pieces of paper designed to show how much a person owes on their loan that aren't accurate -- and that's just a few. It is perhaps the best time ever to begin fighting foreclosure in Miami because of all these problems. The banks' screw-ups could be the homeowners' best chance of saving their house.

The article contends that when the real estate bubble hit its peak in the last five years, lenders created a private limited-access system to record and track residential mortgage assignments because the public system wasn't keeping up with the feverish pace of purchases and sales. And the failure of that system is playing a role in millions of foreclosure cases where lenders have had difficulty proving actually ownership of the mortgage.

In 1993, frustrated by the time and cost involved in complying with state laws regarding the recording of mortgage assignments, the residential mortgage industry created MERS -- Mortgage Electronic Recording System. But its flaws have been a focus of many foreclosure cases nationwide.

With the improvement of technology in recent years, the land title system should be improved, the article argues. It's most significant problem is that the country uses grantor/grantee and tract indexes that are difficult to use and prone to problems. Even the misspelling of a person's name can make the instrument impossible to locate, such as a woman buying property under her maiden name and selling under married name.

The article argues that local recorders, such as clerks of court offices, are immune from penalties and that if one name is misspelled, not spaced properly or otherwise entered incorrectly, it can put the property outside the chain of title. When a mortgage is sold, information is registered with MERS, but no assignment is recorded. So, if a homeowner faces a foreclosure, county records may not reflect whether the company, a trust of investors or another lender actually owns the house where homeowners are sending payment checks.

If the system were to be revamped, the article contends, it should start with digital records rather than paper records being digitalized. Indexes shouldn't be limited to the names of parties, the land type and description and recording date. Additional data should be available for cross-referencing. The system should go nationwide because local systems are no longer relevant -- property is sold not only nationwide but worldwide. The author believes a federally run system, cutting out local clerks, would be most beneficial.

Miami Foreclosure Defense Lawyers have seen many of these problems with the recording of land titles in foreclosure cases and it shows that the banks have an uphill battle when aggressive defense lawyers are put on the case. These problems can be exposed and put to the homeowners' advantage in a foreclosure case.

Continue reading "Miami Foreclosure Dilemma Shows Need for Land Title System Overhaul" »

The U.S. Department of the Treasury announced recently it would withhold incentive payments to Bank of America, J.P. Morgan Chase and Wells Fargo until they substantially improve their performance in the federal Home Affordable Modification Program (HAMP), CNN reports.

This is more welcome news to Miami Foreclosure Defense Lawyers and for Miami homeowners who have fallen victim to big banks and their mortgage servicers, who have filed incorrect paperwork in countless foreclosure cases. As more and more evidence is revealed in the local and national news media of their incompetence, it makes fighting foreclosure in Miami a better option.

The Treasury said the banks need to boost their performance in several areas, including correctly evaluating whether a homeowner meets the HAMP income requirements. HAMP was created by the federal government to help eligible homeowners with loan modification on their home mortgage debt. The program applies to borrowers who originated their mortgage before Jan. 1, 2009 on their primary residence and who are delinquent on their mortgage.

This the first time the Obama administration is doing more than talk about holding banks accountable, CNN reports. Servicers are eligible for up to $4,500 over three years if they put borrowers into sustainable modified mortgages. The government has paid $1.3 billion in incentive payments to 84 servicers. CNN reports that through April, 700,000 homeowners have received permanent modifications through the HAMP program.

It is good news that the government has been finally starting to hold banks accountable for their shady actions. It's been well-documented in recent years how mortgage servicers and banks have filed robo-signed paperwork -- and often banks file paperwork in foreclosure proceedings that is wholly incorrect.

All of these errors have gotten the attention of judges nationwide, who have also begun to hold banks accountable for their errors, turning away their efforts to foreclosure against home owners without proper paperwork and proof.

The errors make it more advantageous than ever for homeowners to fight back in a foreclosure case. Lost promissory notes, bad original loan documents and other violations can make negotiating with a bank from a position of strength in Miami foreclosure cases that much better for homeowners.

Through government programs or through negotiating with a bank, many homeowners who want to stay in their homes try to modify their loans. Banks are often not willing to deal unless faced with a knowledgeable attorney.

For proof, the CNN story reports that while 700,000 homeowners have received help through the HAMP program, the Obama administration said it would help 4 million people. About $2 billion of the $46 billion in TARP funds dedicated to homeowner help have been spent, showing how resistant banks and lenders are to help homeowners modify their loans.

Continue reading "U.S. Treasury Slams Mortgage Servicers Who Hampered Miami Homeowners in Foreclosure" »

The Wall Street Journal reports that homeowners have had some recent successes stopping banks trying to foreclose on their properties.

As Miami Foreclosure Lawyer Blog has pointed out before, banks have made it a habit of filing inaccurate paperwork with courts in Miami and across the country, hoping that defenseless homeowners won't catch the mistakes on the way to giving up their homes. That's where Miami Foreclosure Defense Lawyers step in and hold banks' feet to the fire. Incorrect documentation is frustrating and it violates the rights of homeowners everywhere. If you're in this position, fight back!

The article reports that in recent months, some judges have been siding with homeowners and stopping foreclosures after concluding that lenders' paperwork problems are more serious than previously thought and bring up ethical questions. The cases cited are from Florida, North Carolina, California, Maine, Alabama, New York, New Jersey, Texas and Massachusetts.

Last fall, banks temporarily halted foreclosures to address a multitude of problems involving inaccurate and fraudulent paperwork submitted by banks. In that time frame, banks discovered deeper documentation issues, further delaying the process.

In some cases, borrowers are showing judges that banks didn't properly assign ownership of mortgages after they were pooled into mortgage-backed securities. In other cases, borrowers say that lenders backdated or fabricated documents to fix those errors, the article reports.

In a case in Maine recently, the Maine Supreme Court reversed the foreclosure on a couple after concluding the mortgage company filed "inherently untrustworthy" documents. In an Alabama case, a judge said a bank couldn't foreclose on a woman because her loan hadn't been properly assigned to its owners -- a trust that represents investors -- when it was securitized. The mortgage assignment showed that the loan hadn't been transferred to the trust from the subprime lender that originated it.

It's encouraging to see that judges across the country are finally starting to hold lenders accountable for the bad documentation they are filing against homeowners. The Florida Attorney General's Office, along with prosecutors in all 50 states, has been investigating banks and their mortgage servicers to determine how deep the problem runs nationwide.

And along with that fight, Miami Foreclosure Defense Lawyers fight shoulder-to-shoulder with a group of foreclosure defense attorneys in "Max Gardner's Army." It's a national movement where lawyers share tactics and information in real time to stop banks from stealing people's homes without due process.

Seeking a loan modification can sometimes be fruitless and a short sale can leave you unsatisfied, but fighting a foreclosure may be the most advantageous route for Miami homeowners facing foreclosure.

Continue reading "Banks Hitting a Roadblock When Trying to Foreclose on Miami Homeowners" »

It was a scene that made homeowners dealing with the foreclosure process everywhere smile; homeowners and their attorney marching into a Bank of America branch with two sheriff's deputies and a moving truck waiting to take their office furniture if they didn't pay up.

It happened recently in Naples because Bank of America tried to foreclose on a house that didn't have a mortgage and was bought with cash, according to the Naples Daily News.

As bizarre as it sounds, it's not surprising that a bank would try to foreclosure on a property that wasn't secured with a loan Miami Foreclosure Lawyers have seen time and time again where banks and lenders file inaccurate paperwork in their efforts to foreclose on properties. It's why fighting a foreclosure in Fort Lauderdale can be easier because of all the bank errors.

In the case of the couple in Collier County, they bought a single-story, 2,700-square-foot home owned by the bank in 2009. They paid cash. But in 2010, Bank of America filed a foreclosure complaint against them, alleging they defaulted on a loan.

Because there was no loan in the first place and the house was bought with cash, the homeowners fought it and got a judge to drop the lawsuit and sign an order granting attorneys' fees. But after five months of unreturned phone calls by the bank and its attorneys, the couple obtained a writ of execution, which gave the couple permission to seize assets to satisfy the judgment.

With deputies and a moving truck prepared to take office furniture and other valuables from a local Bank of America branch, the branch manager finally relented and cut a check for the attorneys' fees, the movers and the deputies.

This is just another example of banks trying to pull one over on a homeowner and, in this case, a homeowner who had no obligation to the bank in the first place! If Bank of America files false documents in such an egregious way in this case, what do you think they do in the hundreds of thousands of everyday foreclosure cases?

This is why Miami Foreclosure Attorneys take our jobs so seriously. Financial institutions and lenders have made many mistakes on filing false documentation and "robo-signing" documents in foreclosure cases across the country. It has been well documented that they have filed documents with the court alleging homeowners owe more than they do on a house, documents that were said to be signed by people who never saw them and paperwork that was signed by people who said it was accurate when it was not.

All of these errors give homeowners a leg up in the battle to save their properties from foreclosure. The banks would love to steamroll their way through the process, but hiring an aggressive foreclosure attorney in Miami can help you spot these errors and stop the fraud.

Continue reading "Couple Forecloses on Bank; Revenge is Nice for Miami Foreclosure Victims" »

A new report by the Homeownership Preservation Foundation shows that Miami leads the nation in reports of fraudsters offering mortgage modification scams, The Miami Herald reports.

Many homeowners are struggling to get by and are worried that because their Miami homes are upside down in value after the Great Recession, they don't know where to turn next. Miami Foreclosure Lawyers urge homeowners to contact them before they try to work with a mortgage modification company.

Some of these companies simply make promises of helping desperate homeowners modify their loans without any power to make it happen. Homeowners can be left with less money and no real change to their loan. Hiring an experienced foreclosure attorney in Miami would allow the homeowner to use the law and the court system to try to modify a loan rather than a company that may not have any luck simply picking up the phone and calling the bank.

The Herald story found that Miami leads other cities, such as Los Angeles, Las Vegas, Houston and Chicago in terms of reported mortgage modification scams. Racial and ethnic minorities were particularly susceptible to the scams, accounting for more than half of all complaints.

The study was conducted by Homeownership Preservation Foundation, a Minnesota-based non-profit group that offers a counseling service for homeowners.

Florida has the nation's second-highest proportion of mortgage scam complaints, accounting for 7 percent of the country's scams. California led the country with 22 percent. A Florida law passed in 2008 made it illegal for companies offering mortgage modification help to charge homeowners upfront. A Federal Trade Commission proposed rule last year did basically the same thing. The Florida Attorney General's Office received 2,500 complaints last year and is investigating 70 companies.

Many homeowners are duped into using these services because they guarantee help with your loan and make promises that if you just pay a certain amount up front or make monthly payments, you can get the help you need. While they sound great, they are often misleading and don't do much good at all.

Loan modifications and short sales aren't the only ways homeowners can look to stop foreclosure in Florida. While they are options, they aren't the only options. Because of banks' heavy use of "robo-signer" documents to force foreclosures and other fake documents they have filed with the courts and presented to be correct even though they aren't, homeowners have a distinct advantage.

Hiring an experienced Miami foreclosure attorney can help you stay in your home, get the bank to make concessions and even modify your loan because of their mistakes. But you need someone who knows how to look for those errors and can expose them in court for your benefit. Trust experience and diligence over fly-by-night companies that may or may not have your best interests at heart.

Continue reading "Mortgage Modification Fraud Reports in Miami Tops in the Nation" »

A Fortune Magazine investigation revealed that Countrywide's mortgage securitizations may be invalid after testimony from a company official, who said many loans weren't properly handled.

It's amazing how many of the country's largest banks have struggled to properly maintain records in foreclosure cases in Miami and elsewhere, this can actually be beneficial to homeowners. Miami Foreclosure DefenseLawyers believe that using the banks' errors against them can be one of the most advantageous ways to save your home. If you want to fight back against the banks and their errors, consult with a law firm that believes negotiating from a position of strength can provide you with the best options.

Court testimony last fall from a Countrywide employee revealed that many loans weren't being properly handled. So, Fortune examined dozens of court records that corroborated the woman's testimony. The magazine reports that if the company's mortgage securitizations failed, Bank of America, which bought out Countrywide for $4 billion in 2008, has potential liability that would dwarf its shareholder equity.

During testimony last fall in a New Jersey bankruptcy case, a Bank of America official testified that Countrywide didn't deliver the notes to the securitization trustee and that the company's notes weren't endorsed except on a case-by-case basis, generally long after securitization occurred. Under all securitization contracts, both steps are required.

Securitization is the practice of pooling various types of debts, including residential mortgages or other types of loans and selling them as bonds to investors. The principal and interest on the debt is paid back to investors.

The testimony led to one investor filing a lawsuit and New York Attorney General Eric Schneiderman is investigating mortgage securitizations by three banks, including Bank of America. Bank of America has denied the woman's testimony.

The Fortune investigation looked at 130 foreclosure cases in Westchester County and the Bronx from 2006 to 2010 filed by Bank of America on a Countrywide mortgage-backed security. In 104 of those cases, the loan was originally made by Countrywide, with the other 26 made by other banks and sold to Countrywide for securitization.

None of the 104 Countrywide loans were endorsed by Countrywide, only including the original borrower's signature. Two-thirds of the loans made by other banks also didn't have bank endorsements. Fortune concluded that the lack of Countrywide endorsements plus the bank's representation to the court that the documents are accurate calls into question the securitization of the loans as well as the bank's right to foreclose.

A problem in many courts, including in Florida, is the issue of "magically appearing" endorsements, where defense attorneys point out the problem and bank officials produce documents they say are accurate and original.

Miami Foreclosure Lawyers have seen these tactics and will aggressively fight to defend our clients from the shady practices our country's banks have endorsed. Sometimes, fighting a foreclosure in Miami allows the homeowner to stay in the house while it is being defended in court, work out a meaningful loan modification, avoid a deficiency judgment and force the bank to settle under better terms.

Don't try to fight your foreclosure by yourself. Trust a firm of lawyers who have fought tooth and nail with the banks and financial institutions who have played these games with homeowners and the courts for years. We have seen the games and we will stop them.

Continue reading "More Bank of America Shoddy Mortgage Documents Revealed in Miami Foreclosure Cases" »

Miami Foreclosure Defense Attorney Bruce Jacobs is a panel member at an upcoming seminar to teach attorneys how to properly defend foreclosure cases in Miami.

LawReview CLE, a nationally recognized program that hosts seminars across the country, will be hosting a seminar July 28 at the Hyatt Hotel in Coral Gables.

The seminar, which is designed for attorneys and other law professionals, focuses on the foreclosure crisis, including the predicted second wave of foreclosure filings experts believe are on the way. Jacobs will also teach attorneys how to help their clients avoid foreclosure, defend foreclosure and seek alternatives to foreclosure.

Mr. Jacobs has practiced law in Florida since 1997 and has been lead counsel in more than 50 trials throughout South Florida; he has handled many appeals. Starting his career as a prosecutor for the Miami-Dade County State Attorney's Office, Mr. Jacobs has spent many years now dedicated to foreclosure defense, tax deed actions, landlord-tenant disputes and fraud cases. Before opening his own law firm, he headed up the foreclosure department of Camner, Lipsitz and Poller, P.A. in Coral Gables. He is an experienced foreclosure attorney who handles many Miami foreclosure cases.

Among the topics that are expected to be discussed at the seminar:

• Latest statistics on the foreclosure debacle and the emerging profile of a foreclosure candidate
• Why Lenders are resistant to loan modifications and why politicians just don't get it
• Mortgage Securitization issues that affect a Lender's standing to pursue foreclosure
• Current developments on federal programs and agreements with lenders to assist homeowners keep their home and avoid foreclosure
• Cutting edge litigation strategies to properly defend a foreclosure action from start to finish
• Overview of Federal lending laws and emerging foreclosure case law
• Alternatives to foreclosure
• An overview of the interrelationship between bankruptcy and foreclosure
• Ethical considerations and effective communication with your client

Mr. Jacobs will also talk with lawyers about the present state of the foreclosure crisis, mortgage securitization issues, understanding basic substantive law, client relations, judicial foreclosures, loan modifications, bankruptcy issues and ethics.

CLE stands for continuing legal education and the Florida Bar requires attorneys to continually gain education in their specific area of practice to stay up on the latest trends, court case rulings and rules for handling cases.

With Mr. Jacobs' substantial experience fighting foreclosure cases, his membership of Max Garnder's Army, a nationwide group of defense lawyers sharing strategies and information in real time, and the many homeowners he has helped using the law, he was asked to participate in this seminar to teach other attorneys throughout Florida.

Continue reading "Miami Attorney Bruce Jacobs to Lead Foreclosure Defense Training for Attorneys" »

Buying a home can be one of the most exciting times in a person or family's life. But that excitement can be tempered when lenders and financial institutions use deceiving tactics inside the fine print of their contracts to hamstring homeowners.

Take for instance some examples of waiver clauses found deep in the fine print of contracts recently discovered by a network of attorneys of which our Miami Foreclosure Lawyers are a member:

• "Borrower further acknowledges that Borrower has no defenses, setoff or counterclaim to the obligations of Note and Security Instrument or against Lender arising out of or related to Borrower's default or obligations under the Note and Security Instrument."


• "Borrower acknowledges that Lender is the holder and the owner of the Note and that as provided in the Note or as amended by this Agreement, the Lender may transfer the Note. The Lander or anyone who take the Note by transfer and who is entitled to receive payments under the Note is called the "Note Holder" in this Agreement."


• "Read Carefully-Specific Release of Claims: In consideration for Bank of America entering into this Agreement, you agree to release and discharged Bank of America, and all of its investors, employees and related companies, from any and all claims you have or may have against them concerning the Loan..."

It is sad that lenders go to such great lengths to work one over on homeowners, many of whom may not have the knowledge and experience with contracts and the banking industry to spot these problematic clauses. That's why hiring a Miami real estate law firm with extensive experience in the field of real estate litigation even before you sign on the dotted line could help preserve your rights and protect your family in the future.

The fine print clauses were discovered by Max Gardner's Army, a nationwide group of defense lawyers sharing strategies and information in real time. The goal is to force relief for homeowners by negotiating loan modifications, avoiding deficiency judgments or seeking other resolutions that can help those dealing with mortgage debt. Our firm is a member of that group and uses the shared information to better represent South Florida clients.

Before signing documents to buy a home, consult with our Miami Foreclosure Lawyers. Our firm can work to make sure legal options are left open and the bank's contract doesn't unfairly punish a prospective homeowner simply for wanting to own a house. Reviewing contracts, possibly filing a lawsuit or taking other measures to ensure financial stability are all things homeowners should consider before signing paperwork.

While many would hope that businesses such as lenders and financial institutions would be handling all these matters legally and without immoral clauses, it's simply not the case. The banks will look for any advantage they can get, even if it means shutting you out of future lawsuits if they do something unlawful in the future. Take action and fight back.

Continue reading "Lenders Trick Miami Homeowners With Fine Print Clauses" »