Insights & Client Alerts
Firm news, case analysis, and anecdotes from inside the courtroom.
It's What We Do That Sets Us Apart
Staci Matthei, a paralegal in our Indiana office, shows how experience and attentiveness make a meaningful difference for a borrower in distress.
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What Junior Mortgagees Need to Know About HOA and COA Foreclosures
For a junior mortgagee, an HOA or COA lien foreclosure can quietly extinguish the entire lien. Here’s what junior lienholders and their counsel should watch for — and their options when a lien is at risk.
AI Is Changing Pro Se Foreclosure Litigation — Is Your Servicing File Ready?
Generative AI is producing pro se foreclosure filings that read like they came from counsel. Here’s how servicers can separate real exposure from AI noise — and keep it from derailing timelines.
The ‘Quasi-Party’ Rule: You Can’t Vacate a Foreclosure Sale Without Notifying the Buyer
The winning bidder at a foreclosure sale holds a protectable interest the moment the certificate of sale issues — and can’t be cut off without notice. What Florida’s Second District precedent means before you move to vacate a sale.
Why Divorce Judgments Are a Common Blind Spot in Chain of Title
A divorce judgment that says a spouse ‘shall execute a deed’ — but never does — can leave an ex-spouse in the chain of title for years. Why Florida law treats ‘awarded title’ and ‘shall convey’ very differently, and how to catch the gap early.
It's How We Do It That Matters
A conversation with Managing Attorney Ali Kalman on why assigning one dedicated team to each file creates confidence in the courtroom.
HUD Extends Partial Waiver of Face-to-Face Counseling Requirement
HUD extended its partial waiver of the face-to-face counseling requirement for single-family mortgage loans in default through December 31, 2023.
Unless Judgment Is Entered for Plaintiff and the Note Is Not Cancelled, It Should Be Returned
The Second DCA held that so long as judgment is not entered for the plaintiff and the note has not been cancelled, the note should be returned upon request.
Testimony on a Computer Screen Not in Evidence Held Improper to Prove Mailing
The Fifth DCA ruled testimony about a review of a computer screen not admitted into evidence was improper to prove mailing of a notice of default.
Thank You, Veterans
On Veterans Day, we thank all who served — including our own Nick Geraci, a United States Marine.
HUD “Face-to-Face” Counseling Requirements
In PennyMac v. Ustarez, the 4th DCA clarified when HUD's face-to-face meeting requirement becomes a condition precedent to foreclosure.
Do Party Substitutions Require Amended Complaints?
Florida's Third DCA affirmed that an order of substitution can confer party-plaintiff status even without an amended complaint.
Can a Servicer Prove a Default Letter Sent by a Third-Party Vendor?
Florida's Second DCA reaffirmed that a mortgagee's default-notice requirement can be satisfied using a third-party vendor.
Changes in Foreclosure and Eviction Moratoriums
Governor DeSantis's Executive Order 20-180 quietly narrowed which foreclosure and eviction cases the moratorium covers.
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