Over the course of the past few years, I’ve litigated cases in a way that most lawyers rarely get to do. You see, in most areas of law (personal injury, criminal law, etc.), the law is so well-established that when lawyers cite case law, they do so by referencing published appellate decisions that have existed for many years. […]
The post Look at Me? No; Look at All These Judges Who Agree! appeared first on Stopa Law Firm.
Did you know it’s possible to effectuate service of process on a defendant in a foreclosure case by serving the Secretary of State? It sounds bizarre, but yes, it’s possible. That said, the circumstances in which that is authorized are limited, and Florida statutes contain some specific procedures that must be followed to comply. Here’s […]
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Everyone in foreclosure-world knows a foreclosing lender must prove it had standing when it filed suit. Similarly, most agree that failure to comply with the face-to-face counseling requirement in an FHA mortgage requires dismissal. But who bears the burden of proving standing at trial? And who bears the burden of proving the lender gave the […]
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Here’s my latest appellate court brief setting forth why face-to-face counseling is a condition precedent to acceleration and foreclosure in an FHA Mortgage. If this looks similar to the blog I just posted then, well, it is. Except this one’s in the Florida’s Fourth District Court of Appeal. I’ve now posted briefs with this argument, i.e. I have […]
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Months ago, I explained in detail the basis of my belief that lenders must comply with HUD Regulations before foreclosing on an FHA Mortgage. I even posted this appellate brief, setting forth a ton of case cites supporting my view. I really liked the argument for homeowners at that point, and from what I can tell, the banksters […]
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Here’s the video from an Oral Argument I had in Green Tree Servicing, LLC v. Milam, 2DCA Case No. 2D14-0660 on March 24, 2015. The argument dealt with the sufficiency of a default letter under paragraph 22 of the mortgage. I got the case dismissed in the lower court, and the bank was appealing. Here’s […]
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