Gone A-Courting

Going to court is not for everybody.  There is the seriousness and the formality…plus the Judge has an armed guard!  If you do not know how court procedure works, you may feel uncomfortable by yourself in the judicial system. You may represent yourself in a court of law, but you may not want to.  A little legal counsel can go a long way to prevent devastating procedural errors.  Lack of response, failure to meet deadlines, or an improper response in a legal matter may hurt your position for what you are trying to accomplish. Do not court disaster.  Seek competent legal representation. Happy Valentine’s Day from Rusty Law! Read More

Rights & Wrongs

If you sleep on your rights, you may wake up on the wrong side of justice.  However, by standing up for your rights, you help protect the rights of all American citizens.  Everybody needs to play by the rules…the same rules.  Each legal defense ensures the liberty our laws are written to uphold. Enjoy your rights and enjoy Martin Luther King, Jr. Day.     Read More

99 Bottles of Beer on the Wall – Awaiting Foreclosure

The average foreclosure process takes 749 days in Florida.  You can sing “99 Bottles of Beer on the Wall” thousands of times while awaiting foreclosure eviction, but in the end, you will be homeless and very drunk.  Two years is a long time without a house payment.  You could sit back, relax, and spend all your money on beer…the problem is you come out the other side without a place to live and poor credit.  If you are facing foreclosure, you need a plan, and you may need a legal defense to give that plan a chance. Foreclosure defense does not work without a plan (you cannot launch a defense just to postpone the inevitable); however, a plan sometimes does not work without a legal defense. There are good people doing the right thing.  They are trying to work with their lender to set up a loan modification or a short sale.  These homeowners have a mortgage balance they cannot afford to pay in full, so they are trying to negotiate a monthly payment or a sale price to give the lender some income on the property.  These negotiations take time…and often the lender’s attorney is faster than the loan […] Read More

Happy Holidays

No one should be alone for the holidays.  And no one should go through foreclosure alone.  There are options available to those facing foreclosure.  Seek competent legal counsel to learn more, and to find out which program is best suited to you.  If you cannot afford an attorney, please contact Legal Aid at http://www.jaxlegalaid.org/stjohns.html.  Happy Holidays. Read More

Gift of the Mortgage Modification Magi

A young married couple was very much in love, but they could barely afford their one bedroom house.  The husband had a pay cut at his job, and then the couple began to fall behind on their mortgage, but they never gave up hope.  The couple worked diligently with the loan department towards a mortgage modification.  With lower payments, they would be able to stay in their cozy little home. The loan department offered the couple a HAMP modification (Home Affordable Mortgage Program), which gave them a three month trial of lowered payments, after which they could get a permanent modification.  The couple made it through the first payment, and then the second, and when they cleared the third, they rejoiced.  The husband stood on the curb of their one bedroom home and waited for the permanent modified loan package to arrive by FedEx…and while he stood there, he was served with foreclosure papers. The irony was not bittersweet.  It was a demonstration that the loan department and the legal department do not speak.  Yes, while you are working to negotiate a mortgage modification, also yes, the legal department is putting together a foreclosure lawsuit against you.  The lender works […] Read More

20 Days of Foreclosure Summons

Eight Days of Chanukah, Twelve Days of Christmas, Seven Days of Kwanzaa, and you have 20 Days to respond to a Foreclosure Summons.  Regardless of how many shopping days you have left, if you received a Court Summons, the clock is ticking.  It ticks over holidays and weekends. A Foreclosure Defense can give you more shopping days to find a resolution that is right for you.  You do not buy the first pair of jeans you put your hands on any more than one-size-fits-all in Foreclosure Defense.  Foreclosure lawsuits come with deadlines, and the more deadlines you meet properly, the more choices you have open, the closer the fit for an outcome tailored to your situation. On the First Day of Christmas a Process Server gave to me:  a Foreclosure Suit with a Court Summons…you only have 20 days from there to respond.  Time is a side-effect of Foreclosure Defense.  The purpose of a legal defense is not to delay the inevitable, but to allow an alternative strategy to go through, like a Short Sale or Loan Modification. Accept Service of Process, and start the clock towards resolution.  Seek competent legal counsel to guide you through the process and help […] Read More

Home Foreclosure for the Holidays?

No turkey from work?  Company car repossessed?  Thirty-year retirement pension a thing of the past?  The average life-span of a home mortgage is seven years…and a lot of those are in foreclosure. Foreclosure is the new black.  In Florida, 350,000 homeowners can boast about the sun in the morning and the moon at night…because their debt ceiling is tied up in the foreclosure court system. Foreclosure is no holiday, but you can make informed decisions along the way.  Seek legal counsel to learn more about the choices available.  No one should go through foreclosure alone, not during the holidays or any other season. Read More

Thanksgiving

Happy Turkey Day! Read More