Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055. www.bublicklaw.com
On April 13, 2011, the United States Senate Permanent Subcommitte on Investigations, Committe on Homeland Security and Governmental Affairs issued its report "Wall Street and the Financial Crisis: Anatomy of a Financial Collapse."
Thursday, July 25, 2013
Tuesday, July 9, 2013
Circuit Court Order
Professor Levitin summarizes his position by stating that "the securitization industry has a lot to be worried about if the ASF's Senate Banking testimony contains the best arguments they can marshall about chain of title problems."
Professor Levitin's position was reviewed at this blog post at nakedcapitalism.com which links to an order in the by Pasco County Circuit Court Lynn Tepper dismissing a foreclosure complaint without prejudice due to issues of chain of ownership and holdership. The Circuit Court's order requires that the amended complaint should set forth the "present owner of the note and mortgage and in so doing details the chain of ownership/holdership since the loan's inception."
The Court cited the Florida Supreme Court's Administrative Order AOS09-54 for the proposition that plaintiff in foreclosure "must document that they are the owner and holder in due course of the note and mortgage. " The Court also held that if it is not the owner of the note, it must plead facts identifying the owner and its authority to acts as its representative. The Court also ordered that the amended complaint must be verified pursuant to Fla. Stat. 92.525(2) and that an affidavit on "best knowledge and belief" is insufficient.
Professor Levitin's position was reviewed at this blog post at nakedcapitalism.com which links to an order in the by Pasco County Circuit Court Lynn Tepper dismissing a foreclosure complaint without prejudice due to issues of chain of ownership and holdership. The Circuit Court's order requires that the amended complaint should set forth the "present owner of the note and mortgage and in so doing details the chain of ownership/holdership since the loan's inception."
The Court cited the Florida Supreme Court's Administrative Order AOS09-54 for the proposition that plaintiff in foreclosure "must document that they are the owner and holder in due course of the note and mortgage. " The Court also held that if it is not the owner of the note, it must plead facts identifying the owner and its authority to acts as its representative. The Court also ordered that the amended complaint must be verified pursuant to Fla. Stat. 92.525(2) and that an affidavit on "best knowledge and belief" is insufficient.
Thursday, July 4, 2013
$125,000 Cap of 522(p) is Stackable in Joint Case
The Court in In re Limperis, 2007 WL 1586502 (Bkrtcy.S.D.Fla.)(Olson, J.) held that each debtor in a joint case is entitled to claim $125,000 ($136,875 since April 1, 2007) of equity as exempt per the 522(p) cap. In this case the debtors acquired their homestead within 1215 days prior to the filing of the bankruptcy and were therefore subject to the exemption cap of section 522(p) which restricts the homestead exemption to $125,000. The Court adopted the reasoning set forth in In re Ramussen, 349 B.R. 747 (Bankr.M.D. Fla.2006) and held that each debtor in a joint case may claim a $125,000 interest in the homestead as exempt. The Court in Ramussen reasoned that stacking is not inconsistent with current practice under Florida law and the Bankruptcy Code governing other exemptions and that each debtor gets to claim exemptions separately.
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