James R. Ackley: Responding to Disaster, A Contemporary Approach to Foreclosure Defense

By James ‘Randy’ Ackley The consequences of a family losing their home, it goes without saying, are horrendous. Helping people who have lost their homes is one of the most rewarding, yet heartbreaking, vocations a person can experience. I have been privileged to have had the opportunity to help families left homeless by both natural and human caused disasters around the world. From Hurricanes, like Andrew and Katrina and tornados and floods, to armed conflict in Kosovo, economic collapse in … Continued

FL 2nd DCA: SPENCER v. DITECH FINANCIAL – Some-Evidence, No-Evidence Rule in Foreclosures

ISAIAH L. SPENCER and SHATIKA L. SPENCER, V DITECH FINANCIAL, LLC CASE NO. 2D16-4817 ROTHSTEIN-YOUAKIM, J., Concurs. SALARIO, J., Concurs specially. SALARIO, Judge, Specially concurring. The Spencers argue in this appeal that the evidence was insufficient to sustain the judgment. They correctly point out that EverHome’s sole trial witness, Ms. Knight, lacked any personal knowledge of EverHome’s routine practice concerning the mailing of paragraph 22 letters and that without her testimony the evidence was insufficient as a matter of law … Continued

702.12, F.S. – Florida Passes Bill to Stop Bankruptcy Debtors From “Having Their Cake and Eating It Too”

702.12, F.S. – A new Florida law signed Monday will allow documents filed in federal bankruptcy proceedings to be admitted as evidence in foreclosure cases, barring homeowners who have agreed to surrender property in bankruptcy court from challenging foreclosure proceedings on the property. Florida Gov. Rick Scott signed S.B. 220 into law, which authorizes lienholders to introduce into a foreclosure proceeding bankruptcy documents showing a debtor surrendered the property at issue in the foreclosure. 702.12, F.S. Actions in Foreclosure. (1)(a) … Continued

Barclays Agrees to Pay $2 Billion in Civil Penalties to Resolve Claims for Fraud in the Sale of Residential Mortgage-Backed Securities

Two Former Barclays Executives Agree to Pay $2 Million to Resolve Claims Brought Against Them Individually The United States has reached agreement with Barclays Capital, Inc. and several of its affiliates (together, Barclays) to settle a civil action filed in December 2016 in which the United States sought civil penalties for alleged conduct related to Barclays’ underwriting and issuance of residential mortgage-backed securities (RMBS) between 2005 and 2007.  Barclays will pay the United States two billion dollars ($2,000,000,000) in civil … Continued