Charles Gallagher – Gallagher & Associates Law Firm, P.A.

Top 5 Problems with Florida's (Un)Fair Foreclosure Act- HB 0087

Again, the Florida legislature is considering improvident foreclosure legislation, HB 0087, which will impair the rights of homeowners and provide banks with new rights to accelerate their rapid foreclosure of homes statewide. …more

| Bankruptcy, Civil Procedure, Constitutional Law, Real Estate -...
Almond Entertainment v. Bayview Loan...

Reversal and Remand of Summary Judgement of Foreclosure

Reversal and remand of commercial foreclosure where trial court entered summary judgment with pending discovery and discovery disputes. Record evidence in lawsuit revealed that two separate lenders owned/held the note and…more

| Consumer Protection, Real Estate - Commercial
One West Bank v. Bauer

Final Judgment in Favor of Defendants

Final Judgment in favor of borrowers in residential mortgage foreclosure case where Plaintiff could not prove it owned the subject Note and Mortgage. Homeowners won at a non-jury trial where trial court held that Plaintiff…more

| Consumer Protection, Finance & Banking, Real Estate - Residential

Foreclosure Loss Mitigation Underwriting: Borrower Beware!

Banks and mortgage servicers require the disclosure of confidential personal financial information before they will provide any alternatives to foreclosure. However, consumers should be wary of these requests as they also data…more

| Consumer Protection, Finance & Banking, Real Estate - Residential

Florida Fair Foreclosure Act

Banks, lenders and mortgage servicers have added a new weapon to their arsenal to defeat homeowners in the foreclosure crisis. . .legislation. Unhappy with crowded court dockets and the prying eyes of homeowners’ attorneys and…more

| Civil Procedure, Constitutional Law, Consumer Protection, Real Estate -...

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