Evolving Foreclosure Litigation Strategy

first_img Demand Propels Home Prices Upward 2 days ago Data Provider Black Knight to Acquire Top of Mind 2 days ago The Week Ahead: Nearing the Forbearance Exit 2 days ago Servicers Navigate the Post-Pandemic World 2 days ago Sign up for DS News Daily The Florida courts have recently clarified that, where a complaint is dismissed without prejudice and the dismissal does not operate as an adjudication on the merits, plaintiff may not have to send a new breach letter prior to instituting a subsequent action to foreclose the mortgage.Foreclosure can be a complex legal area because of the nuance involved in the practice. Strategic decisions need to be made to minimize cost and exposure. A great counselor steps in the shoes of the opposing attorney, analyzing the case from both sides and always staying a chess move ahead. Such strategies can be simple as proactively seeking additional relief in orders, how you conduct motion practice, or dropping certain parties that will delay the cases if deficiency is not an option.The case law surrounding how a plaintiff can limit its exposure to attorney’s fees liability is growing. Decisions about whether to voluntarily dismiss a claim or ask that it be dismissed without prejudice can be important. In HSBC Bank USA v. Leone, 2019 Fla. App. LEXIS 6753, 2019 WL 1967650, No. 2D17-2851 (Fla. 2d DCA May 3, 2019), plaintiff appealed an involuntary dismissal of its foreclosure case. Plaintiff had filed a second foreclosure case after the first was dismissed without prejudice. The trial court dismissed the claim on the basis that no new notice of default was sent. The trial court found that a “new default notice was required to be mailed prior to filing the second foreclosure action.” The court’s order was appealed and the appellate court reversed.The Second District Court of Appeal provided that the issue was one of contract interpretation, specifically, one must look to the plain meaning of the mortgage. Analyzing paragraph twenty-two (22) of the standard form mortgage, the court looked to the phrase “on or before the date specified in the notice.” The court discounted the position that cases questioning the application of the statute of limitations would require that a second notice be sent.Where a foreclosure case had been dismissed without prejudice and a subsequent complaint to enforce the note and foreclose the mortgage has been filed, there is no need to send a new breach letter prior to filing if the default was never cured. However, in the event that the dismissal was with prejudice, a new notice may be required. Case Law Florida Foreclosure 2019-06-06 Seth Welborn June 6, 2019 10,384 Views Data Provider Black Knight to Acquire Top of Mind 2 days ago in Commentary, Daily Dose, Featured, Foreclosure, News Related Articles Van Ness Attorneys aka Van Ness Law Firm is a South Florida law firm located in Deerfield Beach and Miami with its roots representing the loan servicing industry handling Foreclosures, creditor-side bankruptcy, eviction and litigation. Anthony Van Ness Van Ness sits on the Legal League 100 Advisory Board and the law firm is also a certified minority owned business. Governmental Measures Target Expanded Access to Affordable Housing 2 days ago Evolving Foreclosure Litigation Strategy Share Save Servicers Navigate the Post-Pandemic World 2 days ago The Best Markets For Residential Property Investors 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago Previous: Partnership Announced Between Two Tech Companies Next: Fannie Mae Survey Reports Near-Record High in Purchase Sentiment Subscribe Demand Propels Home Prices Upward 2 days ago Tagged with: Case Law Florida Foreclosure About Author: Van Ness Attorneys  Print This Post Home / Commentary / Evolving Foreclosure Litigation Strategylast_img read more

Lakers’ Frank Vogel was among the first to give Paul George an NBA chance

first_imgEL SEGUNDO — The last time they spoke, fires raged in the hills of Los Angeles.When the Getty Fire threatened several residential areas in late October, there were more than a few NBA players who were fearful they might have to relocate, Paul George among them. That was when he heard from his old coach, Frank Vogel, offering him a place to stay if he needed it.“He reached out, giving support, ‘If you need anything,’” George said last week. “If we need a house to stay, he opened the doors for me. But he’s got his thing going, and I got mine.”That’s the kind of relationship Vogel and George, a player-and-coach tandem that had a six-year run with the Indiana Pacers have now. It’s close, like family, but distant, which can also be like family. Even though they share the same city, and even though they presumably see each other’s faces on billboards, hear each other’s voices in advertisements and think a good deal about how to beat one another, there’s space between them that’s hard to bridge – and yet in times of crisis, it’s not that hard at all. Chris Paul, Russell Westbrook and other NBA stars pay tribute to Kobe Bryant For his part, Vogel downplayed the exchange in October, saying it was “just what a friend would do.” But what else is he supposed to say two days before a Lakers-Clippers showdown on Christmas Day at Staples Center? Even while Anthony Davis and LeBron James are questionable for the game, Vogel’s connection with George, who missed the first Lakers-Clippers meeting, gives the nationally televised matchup a bit of an edge.“I love those guys and they’ll be family forever,” he said, lumping in George with other old Pacers. “But on Christmas Day, they’re the enemy. He’s the enemy, I guess. The Clippers are.”As much as Vogel might play down the relationship, the two men are inexorably linked for the effect they had on one another’s careers.George was a raw rookie when Vogel took over as interim coach in 2011, and it was Vogel who gave him his first career start. As George grew into a headlining superstar in Indiana, Vogel’s teams took off, reaching the Eastern Conference finals in back-to-back seasons in 2013 and 2014.There’s a certain irony that the coach who would shelter him from the fire was the one who threw him into it at the beginning of his career. Video: What LeBron James said about Jacob Blake … ‘Black people in America are scared’ Photos: Lakers defeat Trail Blazers in Game 4 of first-round playoff series For Lakers’ LeBron James, Jacob Blake’s shooting is bigger issue than a big Game 4 victory center_img “He definitely helped with my development by throwing me out there, throwing me into the fire, giving me that experience, letting me learn on the fly, make mistakes,” George said. “He definitely helped with my development of just film work, watching games, watching plays. The experience is what helped the most by allowing me to play and letting me learn and just being out there.”True to form, Vogel said George’s minutes were ones he earned by playing defense.“Offensively, he was very raw and had a long way to go from a development standpoint and from perimeter shooting and passing the basketball,” he said. “You can’t grow if you’re not getting opportunities on the court. … Since he had in his rookie year the ability to stay on the floor defensively, that’s what gave me confidence to throw him out there for long stretches and help him grow his offensive game.”Related Articles George’s injury in 2014, a compound fracture of his lower leg, had a disastrous impact for Indiana the following year, and it was the first big backstep for Vogel’s Pacers. After the next season, when the Pacers stagnated and lost in the first round, Vogel and Indiana parted ways in 2016. A year later, George requested a trade out of Indiana.Nate McMillan recently acknowledged it was odd to see Vogel teaming up with LeBron James, the player that those Pacers attempted to unseat for years. But in a way, George seemed to understand why the Lakers scooped him up. In grinding seasons, Vogel helped pick up the team.“My whole time what made it so remarkable and so great with the system that he had was just positive, very positive influence, and it was great,” George said. “Tough days, long days, tough road trips, he always found the positive and it was great. It was a great flow to the locker room and it translated onto the court.”BRIEFLYThe Lakers said James (thoracic muscle strain) and Davis (right knee soreness) are both questionable for Wednesday’s game against the Clippers. … The Lakers participated in Secret Santa on Monday. Kyle Kuzma said he received a shoulder bag from Davis, while he gifted Quinn Cook with a kitchen table.Mirjam Swanson contributed to this story. Newsroom GuidelinesNews TipsContact UsReport an Error On Mamba Night, the Lakers make short work of Blazers to take 3-1 series lead last_img read more

LeBron James turns focus to Lakers playoff push after All-Star win

first_img NBA All-Star Game 2019: 7 crazy stats from Team LeBron’s win over Team Giannis LeBron James immediately switched his attention to the Lakers’ playoff push after his team’s victory in the NBA All-Star Game.Team LeBron defeated Team Giannis, 178-164, on Sunday, with the Lakers superstar contributing 19 points, eight rebounds and four assists. NBA All-Star Game 2019: 3 takeaways from Team LeBron’s comeback win James’ groin injury, sustained Christmas Day, and extended absence coincided with the Lakers’ drop in the standings, from fourth to 10th in the Western Conference.And as soon as the All-Star Game was over, James outlined his desire to inspire his team (28-29) on a charge to the postseason. Related Newscenter_img “Looking forward to the second half of the season,” he said. “Looking forward to seeing what we can do to get back in this playoff race. That’s my only mindset.”That’s the only thing that’s going to happen in my mental space for these next two months, pretty much on how I can get this team playing the type of level of basketball we were playing before my injury.” THE CAPTAINS! #NBAAllStar #LeBronJames #GiannisAntetokounmpo pic.twitter.com/dlZHAPk1tZ— NBA (@NBA) February 18, 2019Such is James’ winning mentality, the three-time NBA champion was even desperate to be the first to reach the postgame podium and speak to the media in Charlotte.”You put me on the floor, I love to compete,” he said. “I’m a competitor, no matter what it is. I was competing to see if I can get to this table first. Did anybody come here before me?”See what I’m talking about? See you all the second half of the season.”last_img read more