SouthFloridaBankruptcyLawBlog

A Florida homeowner with a mortgage foreclosure situation may be well advised to do a  "Cost- Benefit Analysis" based on present facts and circumstances. A "cost-benefit analysis" is often done by business to appraise the benefits and costs of alternative choices. A "cost-benefit analysis" for a homeowner in foreclosure would generally systematically identify

Although the December 17, 2014 Third District Court of Appeals decision in Harry Beauvais case may seem like a cold dose of reality to some Miami homeowners, it is better regarded as a very timely "blessing in disguise."  The decision may indicate that many Miami homeowners would be better served by directing their legal efforts, sometimes heroic and idealistic, to what will truly "save my home" from foreclosure - that is a HAMP or other mortgage modification.

On December 17, 2014, the Florida Third District Court of Appeals issued its decision on a very important foreclosure issue in the case of Deutsche Bank Trust Company Americas, etc. v. Harry Beauvais, et al., Case No. 3D14-575.  In this case, the Court held that the enforcement of the mortgage note was barred by the statute of limitations but the mortgage lien is not null and void as its validity is governed by the separate statute of repose.