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Earlier this month, the Supreme Judicial Court of Massachusetts made a unanimous ruling that two home foreclosures in Massachusetts were invalid. Both foreclosures took place in 2007 when the homes were seized by Wells Fargo & Co. and US Bancorp. According to the...

Although many individuals in Florida are losing their homes to foreclosure because they can no longer afford to make their monthly mortgage payments, others are choosing to default for a completely different reason. The CBS News reported at the end of January that...

Although our blog mainly focuses on the benefits of Chapter 7 and Chapter 13 bankruptcy protection, today we are going to discuss Borders Group Inc. and the bookseller's decision to file for Chapter 11 bankruptcy protection. After several attempts to save the business...

The suicide of Dave Duerson has been tragic in so many ways. The former Chicago Bears defensive back believed that he was suffering from a degenerative brain disease known to have caused depression and dementia in others. He committed suicide last week in his Miami...

A recent article published by the St. Petersburg Times reiterates the fact that although bankruptcies and foreclosures have actually decreased in Florida the past couple of months, the worst may not be over. Earlier this month, our blog discussed how foreclosures were...

Although our blog primarily focuses on Chapter 7 and Chapter 13 bankruptcies, the Chapter 11 bankruptcy case of Robb & Stucky has been a popular topic of discussion in Florida during these past few weeks. The Fort Meyers-based furniture chain announced in February...

Last week, we began to discuss how one South Florida homeowner learned that a deficiency judgment was filed against him claiming that he still owed the bank $151,461 for the beach home he lost to foreclosure. The man has no full-time job and is struggling to make his...

The Florida Housing Finance Committee just announced that Florida homeowners may begin to apply for a share in the $1 billion of federal funds available through the Hardest Hit foreclosure prevention program. Applications will be accepted beginning on April 18, 2011...

Florida judges have been overwhelmed by the massive number of foreclosure cases awaiting decisions. In an effort to reduce the backlog of foreclosure cases, Florida lawmakers awarded the courts $6 million to hire more judges and case managers last year. As a...

The last couple of posts on our Miami bankruptcy law blog have truly highlighted the foreclosure mess in Florida and the financial crisis that thousands of homeowners are facing across the nation. Although many hope that more homeowner's will find some financial...

Our Miami bankruptcy law blog has extensively discussed how the economy and foreclosure crisis have devastated many families who have had to give up their Florida homes these past few years. To make matters worse, it was discovered last fall that many lenders and...

During the month of April, foreclosure filings were down 53.7 percent in Miami-Dade County compared to filings during April 2010. Unfortunately, South Florida cannot link the decrease in filings to a housing recovery or better foreclosure prevention programs. Banks...

This past year, it was discovered that many banks had failed to properly document thousands of foreclosures, resulting in wrongful repossessions of homes. Many homeowners in Florida were affected and foreclosure proceedings have since slowed down while banks attempt...

In an earlier post in June, we mentioned that bankruptcy filings were down in the U.S. Bankruptcy Court Middle District of Florida. Between January and June of this year, filings are down 17.2 percent which translates into 5,877 fewer, compared to the same time frame...

In our previous post we learned of the plight of one Florida family forced into foreclosure and ultimately bankruptcy after the birth of their disabled daughter. In this post we continue to explore the climate that enabled the bankruptcy to occur. In 2009, researchers...

As most people are aware, the recent foreclosure wave hit Florida hard. Some lenders in Florida foreclosure lawsuits are adding insult to injury by pursuing deficiency judgments against some borrowers. The judgments -- some for millions of dollars -- could force...

During one of our posts earlier this month we wrote about how certain forms of cancer lead to a higher risk of bankruptcy. Today, we write about a new phenomenon with reverse causation. Instead of disease leading to financial hardship, a new study also shows that...

As we have mentioned in previous posts, Florida has one of the highest rates of foreclosures in the country. In recent months the total overall number of foreclosures has been down. While on its face this seemed like a good thing, it is most likely due to the...

Facing the prospect of losing your home to foreclosure is likely to make you frightened. When the prospect of losing your home to foreclosure is caused by a mortgage servicer's misconduct, those feelings of fright likely turn to anger. Florida residents might like to...

Making your mortgage payment on time can prove to be difficult if you are having financial troubles. When you are unable to make your mortgage payments, you will likely face foreclosure on your home unless you take proactive steps to stop foreclosure proceedings....

Checking the mail only to find a foreclosure notice in it is a disheartening and often frightening, experience. For some Florida homeowners, that situation is a sad reality. In some cases, the homeowner might try to find a loan modification or other avenue to stop...

Foreclosures are usually associated with people who have been hit by financial difficulties as a result of unemployment or unexpected bills. That isn't always the case, which is proven by recent news that a former player for the National Football League is facing...

Almost the worst thing that a struggling homeowner can hear is that even if the home is ultimately lost to foreclosure or short sale, taxes will still be due. In some cases, that will be the sad reality for many homeowners who have an underwater mortgage. A federal...

Being served with the notice that you will lose your home to foreclosure is something that no homeowner ever wants to experience. For some homeowners, that was the nasty reality. Some of these foreclosures, however, were unnecessary and even fraudulent. A recent...