Florida Foreclosure Attornyes PLLC filed a nine page motion to strike my affirmative defenses to a Deutche Bank as Trustee foreclosure. As they did not allege that they held the note in their complaint, the copy of the note attached to the complaint bore no endorsements from the original holder, Argent, and as there was no allegation of an assignment of mortgage ever being executed, I defended on standing and privaty. At this morning’s hearing their attorney whipped out a copy of Castillo v Deutche Bank for the proposition that the borrower did not have standing to question the trustee’s authority. The judge ruled that I did have standing to question whether Plaintiff was the holder though. Motion to strike denied.
Where tenant who held month-to-month tenancy failed to give landlord written notice at least seven days prior to vacating premises, landlord was not required to send notice of intent to impose claim on security deposit — Tenant in month-to-month tenancy who failed to give notice fifteen days prior to vacating premises is liable to landlord for one month’s rent
After a series of successful fights and kinda-victories fighting our most notorious and unscrupulous foreclosure-mill bank firms, it looks like the AG has dropped the ball when it comes to, in my opinion, one of the hugest perpetrators of foreclosure fraud, Marshall Watson PA.
Yes, the Florida AG has settled with Marshall Watson, completely closing its investigation into the firm. Did the homeowners of Florida get anything? Was Marshall Watson crippled? Are there strict restrictions on how Marshall Watson PA can file foreclosures in the future?
Bank of America has notified the national underwriters that a short sale scam is being perpetrated involving properties on which Bank of America is the holder of a note secured by a mortgage or deed of trust. In its letter Bank of America has indicated that the perpetrators of the scam send approval letters to title companies that mimic legitimate approval letters from Bank of America, including the bank’s logo, formatting and language.
In response to this issue, Bank of America states that it has updated its existing short sale approval procedures. On all transactions for which the original principal amount of the loan exceeds $500,000 all Bank of America approval letters will contain the following statement:
“Bank of America appreciates all of your efforts and cooperation in this matter. If you have any further questions, please contact our Short Sale Customer Care Department at 1-866-880-1232, Option 1.”
The letter from Bank of America goes on to say that if that number is called that it will verify the following information with the title employee who calls:
- Loan Number;
- Property address;
- Closing deadline date;
- Original borrower’s name;
- Approved buyer’s name;
- Short Sale price amount; and
- Net proceeds amount to B of A.
Only the owner, lessor, an attorney at law licensed to practice law in the State of Florida, or the “property manager” is authorized to complete, sign and file a Complaint for Eviction from residential real property on behalf of the owner or landlord, with a proper owner’s authorization form, and a non-lawyer property manager may only do so in uncontested residential evictions grounded upon non-payment of rent. The Florida Bar RE: Advisory Opinion — Non-Preparation of and Representation of the Landlord in Uncontested Residential Evictions, 605 So. 2d 868 (Fla. 1993). However, a property manager may not bring an eviction action in his own name1 and a property manager may not file motions once the eviction becomes contested2. The non-lawyer property manager may not even file a voluntary dismissal once the case becomes contested.3
A non-lawyer property manager may not file an eviction for any cause other than non-payment of rent, such as for lease violation.4
- THOMAS NGUYEN vs. MICHAEL MCBRIDE, ASHLEY KRISTINIA MCBRIDE, SUSANNE MCBRIDE, JONATHAN JASON QUINONES. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-004508-O, May 1, 2012. Wilfredo Martinez, Judge. 19 Fla. L. Weekly Supp. 664a.
- THOMAS NGUYEN vs. MICHAEL MCBRIDE, ASHLEY KRISTINIA MCBRIDE, SUSANNE MCBRIDE, JONATHAN JASON QUINONES. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-004508-O, Division 72. May 1, 2012 19 Fla. L. Weekly Supp. 663b
- DA’ ARK LLC vs. RIVERA,County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2012-CC-007040-O, Division 72. July 17, 2012. 19 Fla. L. Weekly Supp. 1082a.
- THE GATHERINGS v. VILLALONGA, County Court, 9th Judicial Circuit in and for Orange County. June 2, 2008. 15 Fla. L. Weekly Supp. 999b