New Case Update: Owner of Property May Defend Foreclosure, Even If Not on Mortgage

June 23, 2019

 

The Second District Court of Appeal recently stepped in on a very important question: whether an owner of a property who is not on the mortgage, but acquired ownership of the property before the foreclosure suit, may challenge the bank's foreclosure case.

 

On June 7th, the Second District issued its opinion in Green Emerald Homes, LLC v. 21st Mortgage Corporation, which you can read HERE. This is a fantastic opinion in which the appeals court rules that an owner of a property can fight the foreclosure case, even if the owner is not on the note and mortgage, as long as the owner took title to the property before the foreclosure case was filed.

 

Thanks for reading and I hope you have a great evening. 

 

 

Best,

 

Ryan Torrens

Foreclosure defense attorney

 

 

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