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Category Archives: Consumer Protection

Understanding the “Reasonable Methodology” Requirement for Proving Class Action Claims

Florida Rule of Civil Procedure 1.220(a) contains four (4) threshold requirements in order to obtain class certification: (1) Members of the class are so numerous that separate joinder of each member is impracticable (“numerosity”); (2) The claim or defense of the representative party raises questions of law or fact common to the questions of law […]

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Establishing a Malicious Prosecution Claim

Sometimes plaintiffs sue for all the wrong reasons.  If a party sues an individual without a proper basis to bring suit, the party being sued may have a claim for malicious prosecution against the party who wrongfully filed suit.  Florida has long recognized malicious prosecution claims. Long ago (1932) the Florida Supreme court in Duval […]

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Lender’s Failure to Conduct Face-to-Face Interview with Borrower May Lead to Dismissal of Foreclosure Action

Home loans insured by the Federal Housing Authority (“FHA”) often contain language providing that the note which is secured by a mortgage “does not authorize acceleration when not permitted by HUD regulations …”  In the context of foreclosure actions, two regulations are of particular importance. Under 24 C.F.R. § 203.604(b), “[t]he mortgagee (i.e. the lender) […]

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Grammar! How verb tense won a health insurance lawsuit!

Many “trial lawyers”  crow about how much money they make for themselves and their clients.  We’re not of that ilk. Every case is important to the client, and for us. Let me tell you about a recent case of ours that I’m just tickled about. We represent a wonderful woman who has been a public […]

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Reverse Mortgage problems… the issues are ongoing

I posted about Reverse Mortgages two weeks ago. We received some excellent and helpful e-mails in response, as well as several comments here on the Legal Examiner. One of those comments suggests that our information is old and outdated. Actually that is simply not true….. Further, I am certainly not alone in my concerns. I […]

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Reverse Mortgages and Mortgage Servicing: What we continue to learn is disturbing

Last September, I posted about reverse mortgages here. We agreed to represent our client, Mrs. Gravlin 4 days before the trial was scheduled in the foreclosure action.  She had a reverse mortgage, they were foreclosing on her (despite what you might have seen on TV commercials, you can lose your house…..) Mrs. Gravlin had been […]

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