Deficiency Judgments in Florida Foreclosure Actions

Foreclosure defense is a very demanding and intricate process. A foreclosure defense attorney must understand and implement multiple fields of law including, but not limited to: real property and litigation law. Failure to have such experience and knowledge may lead a homeowner into being required to pay what the bank, even after the bank has…

What is the Difference Between Specific and General Liens?

There are two different types of liens that an individual may have over real property: specific and general. A specific lien is granted only with respect to a particular asset. In foreclosure, the specific asset is the real property that is subject to the foreclosure. A specific lien also occurs in the context of real…

Too Good to Be True: Downfalls of the Balloon Mortgage

Many people don’t fully understand the terms of the mortgages they are agreeing to when purchasing a home. This may lead to foreclosure of the property when repayment becomes burdensome or simply impossible. This is especially true of the “too good to be true” Balloon Mortgage.   What Is a Balloon Mortgage? Let’s begin by first…

Foreclosure in Florida: Statute of Limitations Defense

One defense in a foreclosure lawsuit is the lapsing of the statute of limitations. When a bank has waited too long to exercise their rights to sue on a delinquent mortgage, the law says that the statute of limitations has run.   Statutes of limitations are laws passed that set the maximum time after an…

Why Are Rocket Dockets No Longer Used In Foreclosure Cases?

A rocket docket is a court or tribunal noted for its speedy disposition of a particular type of court case. They were originally created to unclog the court system due to the many foreclosure cases arising after the economic downturn. However, over the years, individuals may have noticed the term “rocket docket” used less frequently. Why…

What is a Motion for Summary Judgment?

Many plaintiffs in foreclosure cases file Motions for Summary Judgment in nearly every matter. This means that it is extremely important for our foreclosure clients to understand what a Motion for Summary Judgment is, and the consequences that can come from it. Essentially, a Motion for Summary Judgment is a mini-trial, and it is a way…

The Ticktin Law Minute December 4, 2017 – Collective Bargaining

Collective Bargaining Once a Union is formed, the Union members participate in what is called collective bargaining. Collective bargaining involves a negotiation with the employer regarding certain working conditions such as wages, vacation time, insurance, hours of work, subcontracting, relocation and/or other working conditions. Some topics of negotiation may not be mandatory, however, there will…

Production of the Promissory Note as a Foreclosure Defense

One defense to foreclosure is alleging that the Lender failed to produce the original Promissory Note or proper documentation and evidence as to its existence and authenticity. Foreclosure is the legal process where a Lender institutes legal proceedings in the court system in order to obtain a court order to transfer the title of an individual’s…

The Ticktin Minute July 31, 2017 – The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons

 The Beginning of the Foreclosure Process: The Answer to the Foreclosure Complaint and Summons A foreclosed home is a home that belongs to a bank pursuant to a court order. In Florida, the foreclosure must be a judicial one (rather than pursuant to a power of sale). The banks are not allowed to include power…