Blog Archives | Lanier & Deifik, P.A.

11

Jan

2013

Do you have a Recently Forgiven Loan? Know the Limitations and Effects it may have on your Taxes

If a debt is forgiven, the amount forgiven is considered by the IRS [US Internal Revenue Service] to be taxable income. If you have been involved in a short sale or some other work-out of a foreclosur

05

Jan

2013

The Rights of Members of the Armed Forces in a Civil Suit (with Flow Chart)

If a defendant is in the military services, what can be done? Where a defendant is or was in the military during relevant times, the court can grant a stay of proceedings (suspension of any acti

04

Jan

2013

Are you in the Military and Facing Foreclosure or other Civil Law Suit?

Federal law provides protections for men and women serving in the military. There is a law known as the Servicemembers Civil Relief Act (SCRA). This Act offers protection to persons serving in the arm

12

Sep

2012

"I was served foreclosure summons and I phoned the Bank." NOT ENOUGH!!

I hear this frequently. Homeowners call distraught because they have received notice of a final hearing or even of a foreclosure sale. "I don't understand wh

10

Sep

2012

Facing Foreclosure? Why send Qualified Written Requests (QWRs)?

If you are in foreclosure or mortgage distress, QWR is a term you should understand. A Qualified Written Request (QWR) is a device used to obtain information regarding your mortgage loan. The response

10

Sep

2012

Is your bank’s foreclosure lawyer legally before the court?

The appearance of counsel before the court in litigation is tightly controlled. As one court has observed: "Under Florida law the withdrawal and substitution of counsel are matters governed by rather

09

Apr

2012

$3 million Punitive Damage award against Wells Fargo — Overcharged $24,000 on a mortgage.

Where does your mortgage payment really go? what have you really been charged? Are you entitled to an offset for improper accounting? Foreclosure defense, modification and reinstatement these days

04

Apr

2012

Foreclosure & Service of Process continued–Gated Communities, Service on Others.

I've recently written about the correct (versus the incorrect!) means for a lender to serve foreclosure court papers on homeowners/borrowers. (Actually this applies to any kind of civil law suit). &nb

02

Apr

2012

You were served with foreclosure papers…OR WERE YOU REALLY??!!

A far reaching foreclosure defense seminar in Orlando was put on last week by Max Gardner and other mortgage securitization experts. I was privileged to attend. I heard some dismaying allegations of s

28

Mar

2012

Defending Foreclosure on Steroids – Max Gardner Orlando seminar

Negotiable or Non-negotiable? In residential foreclosures the lenders routinely claim that all they need is a blank endorsement on the mortgage note. They say it doesn't matter who the original lender

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