Mortgage Foreclosure and Alternatives


By The Florida Bar Continuing Legal Education

cover image of Mortgage Foreclosure and Alternatives

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The latest edition of this manual contains new case law addressing the following issues:

•  documentation required to establish the right/standing to foreclose

•  foreclosure by mortgage servicing companies and assignees (and the use of robosigners)

•  status of MERS as foreclosing party

•  conditions precedent to filing foreclosure including diligent search and inquiry

•  treatment of homeowner and condominium association assessments

•  appointment of a receiver

•  timeshare foreclosures

•  defenses to foreclosure

•  cancelling or rescheduling sales, and grounds for setting aside final judgments or sales

•  right of redemption

•  deficiency judgments

•  short sales

•  effect of bankruptcy stay on foreclosure proceedings and standing to pursue relief from stay

•  termination of stay for repeat filers, and stay relief for cause including lack of adequate protection

The manual also contains pointers for complying with the Fair Debt Collection Practices Act and with the Protecting Tenants at Foreclosure Act.

The eBook versions of this title feature links to Lexis Advance for further legal research options.

Mortgage Foreclosure and Alternatives