Law Block Chapter 25 PowerPoint

1
Overview of
Foreclosure

2
Foreclosure
Procedure




3
Foreclosure

Chapter 25 Defenses and
Alternatives



4

Foreclosure Law and Eviction Overview of
Eviction
Law 5




Eviction
Procedure



6
Eviction
Defenses



7

Assignment

© 2018 UEducate

1
Mortgage and
Foreclosure

Section 1 Basics



2
Mortgage Types
Overview of Foreclosure and Terms



3

Introduction to
Foreclosure


















© 2018 UEducate

1| Overview of Foreclosure:

Mortgage and Foreclosure Basics


















 Source of Law


 State statute

 Federal regulations

 Dodd-Frank Act

 Mortgage Theory

 Title theory

 Lien theory

 Intermediate theory














© 2018 UEducate

1| Overview of Foreclosure:

Mortgage Types and Terms

















 Types of Mortgages


 Fixed rate mortgages

 Adjustable rate mortgages

(ARMs)

 Balloon mortgages

 FHA loans

 2 nd mortgages & HELOCs

 Acceleration clause















© 2018 UEducate

1| Overview of Foreclosure:

Introduction to Foreclosure


















 Recording statutes & lien priority


 Race

 Notice

 Race-notice

 Judicial vs. Non-judicial


foreclosure

 Jurisdiction


 Circuit court












© 2018 UEducate

1
Initiating

Foreclosure
Section 2

2

Contested
Foreclosures
Foreclosure Procedure


3

Foreclosure
Judgments



















© 2018 UEducate

2| Foreclosure Procedure:

Initiating Foreclosure


















 Default


 120-day delinquency


requirement

 Consumer Financial Protection

Board, 12 C.F.R. § 1024.41

 Complaint


 Lis pendens















© 2018 UEducate

2| Foreclosure Procedure:

Contested Foreclosures





















 Answer (or uncontested)


 Limited discovery


 Motion for summary

judgment/motion to dismiss


 Trial (court of equity)


















© 2018 UEducate

2| Foreclosure Procedure:

Foreclosure Judgments















 Final Judgment of Foreclosure


 All foreclosure judgments are final

in Florida

 Foreclosure sale


 Deficiency Judgment

 S.o.L. of 1yr. for residential

properties with no more than 4 units

 Eviction proceedings to recover


actual possession












© 2018 UEducate

Section 3

1
Defenses


Foreclosure Defenses and 2


Alternatives Alternatives


























© 2018 UEducate

3| Foreclosure Defenses and Alternatives:

Defenses



















 Cure/reinstatement


 Defective service

 Lack of default


 Failure to comply with federal


regulations

 Lack of standing


 Redemption













© 2018 UEducate

3| Foreclosure Defenses and Alternatives:

Alternatives




















 Loan modification


 Forbearance

 Repayment plan


 Bankruptcy

 Deed in Lieu


 Short sale
















© 2018 UEducate

1

Section 4 Types of
Tenancies



2
Overview of Eviction Landlord-Tenant

Duties

























© 2018 UEducate

4| Overview of Eviction:

Types of Tenancies






















 Types of tenancies


 Term of years

 Periodic

 At-will

 Tenancy at sufferance/holdover

tenancy
















© 2018 UEducate

4| Overview of Eviction:

Landlord-Tenant Duties
















 Landlord duties

 Deliver possession of the

leased premises

 Covenant of quiet enjoyment

 Implied warranty of habitability

 Tenant duties


 Payment of rent

 Prohibition on committing waste

 Maintenance of the leased

premises










© 2018 UEducate

1
Section 5 Eviction Notices




2

Eviction Procedure Judicial
Procedure


























© 2018 UEducate

5| Eviction Procedure:

Eviction Notices















 Nonjudicial

 3-Day Notice for Nonpayment of

Rent

 7-Day Notice of Noncompliance/7-

Day Notice to Cure

 7-Day Notice of Termination

 Other notices of termination

 15-day (month-to-month)

 30-day (quarter-to-quarter)

 60-day (year-to-year)












© 2018 UEducate

5| Eviction Procedure:

Judicial Procedure










 If tenant fails to cure or


vacate, judicial proceedings

ensue


 Complaint

 Answer

 Hearing

 Final Judgment for Removal

of Tenant


 Writ of Possession


 Prohibition on self-help

eviction


 Post-foreclosure eviction






© 2018 UEducate

Section 6
1

Eviction
Defenses
Eviction Defenses



























© 2018 UEducate

6| Eviction Defenses:

Eviction Defenses
















 Cure

 Material noncompliance


by landlord

 Lack of breach/breach


out of tenant’s control


 Defective notice

 Retaliatory eviction


 Discrimination













© 2018 UEducate

Section 7



Law Block II
Assignment 2
Assignment




























© 2018 UEducate

7| Assignment:


Law Block II Assignment 2







Foreclosure Law







For those of you with the Notice of Lis Pendens, as you will


recall this topic was covered in the reading materials. A Notice

of Lis Pendens is a written notice that a lawsuit has been filed


concerning real estate/real property. Given the 11 numbered


instructional paragraphs at the outset of the assignment, you


should essentially correlate the 11 instructional paragraphs to


the 11 blank paragraphs in the template. You should delete the


instructions from the final format prior to submission.











© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)








For those of you with the Pre-suit Letter (Notice of Default


and Intent to Foreclose), as you will recall this topic was


covered in the reading materials. Given the 11 numbered


instructional paragraphs at the outset of the assignment, you


should essentially correlate the 11 instructional paragraphs to


the 11 blank paragraphs in the template. You should delete the


instructions from the final format prior to submission.






















© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)









For those of you with the Estoppel, an estoppel letter is a legal document

provided by the seller’s homeowner’s or condominium owner’s association,


outlining the current owner’s financial standing, past due balances, current

fees due and lists all future special assessments due. "Estoppel" generally

means a bar or impediment raised by the law, which precludes a person

from alleging or from denying a certain fact or state of facts, in consequence

of said person’s previous allegations or denials, or in consequence of a final


adjudication of the matter in a court of law. It is an equitable doctrine (as

opposed to an at-law or money damage remedy). Given the 10 numbered

instructional paragraphs at the outset of the assignment, you should

essentially correlate the 10 instructional paragraphs to the 10 blank


paragraphs in the template. You should delete the instructions from the final

format prior to submission.






© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)









For those of you with Deed in Lieu Letter, this topic was also

covered during Law Block II in the reading materials. A Deed in


Lieu is a deed voluntarily transferring title to the property to the


mortgagor in exchange for being released from the mortgage


lien. Given the 6 numbered instructional paragraphs at the


outset of the assignment, you should essentially correlate the 6


instructional paragraphs to the 6 blank paragraphs in the


template. You should delete the instructions from the final


format prior to submission.














© 2018 UEducate

7| Assignment:


Law Block II Assignment 2







Eviction Law








For those of you with the Three-Day Notice / Failure to Pay

Rent, this topic was also covered during Law Block II, in the


reading materials. Given the 9 numbered instructional


paragraphs at the outset of the assignment, you should


essentially correlate the 9 instructional paragraphs to the 9


blank paragraphs in the template. You should delete the


instructions from the final format prior to submission.














© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)








For those of you with the Seven-Day Notice to Cure, this topic


was also covered during Law Block II, in the reading materials.


Notice of Noncompliance or Seven Day Notice to Cure and is


governed by Florida Statute Section 83.56(2)(b). Given the 9


numbered instructional paragraphs at the outset of the


assignment, you should essentially correlate the 9 instructional


paragraphs to the 9 blank paragraphs in the template. You

should delete the instructions from the final format prior to


submission.















© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)









For those of you with the Notice of Termination of Month-to-


Month Tenancy (Non-Renewal), this topic was also covered


during Law Block II, in the reading materials. Given the 9


numbered instructional paragraphs at the outset of the


assignment, you should essentially correlate the 9 instructional


paragraphs to the 9 blank paragraphs in the template. You

should delete the instructions from the final format prior to


submission.


















© 2018 UEducate

7| Assignment:


Law Block II Assignment 2 (Cont’d.)









For those of you with the Notice to Impose Claim, this topic

was also covered during Law Block II, in the reading materials.


The Notice to Impose Claim arises from or is related to the


landlord-tenant context and security deposits. Given the 10


numbered instructional paragraphs at the outset of the


assignment, you should essentially correlate the 10 instructional


paragraphs to the 10 blank paragraphs in the template. You


should delete the instructions from the final format prior to


submission.














© 2018 UEducate

References












Fla. Stat. §§ 45.0315, 48.23, 83.40-67, 695.01,


702.01-11, 760.23.





12 C.F.R. § 1024.41.





42 U.S.C. § 3604.


























© 2018 UEducate