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

THIRD FEDERAL SAVINGS & LOAN v KOULOUVARIS

Non-Negotiable HELOC Third Federal Savings & Loan Association of Cleveland appeals the trial court’s order involuntarily dismissing its foreclosure case. We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). Third Federal advances a variety of alleged trial court errors. We are not persuaded and, accordingly, affirm. We write for the limited purpose of explaining why the trial court properly dismissed count two of the complaint. In that count, Third Federal sought to recover monies due on a home equity line … 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