Mortgage-Related Laws, Regs, Rules, Cases

Whether or not a person can afford an attorney, it makes good sense to know the law, rules, regulations related to the case, and to know how and where to find case law.  OBVIOUSLY, you should go to a law library or consult an attorney if you can find a competent one willing to fight for you and with some kind of proven track record.

It also makes sense to have a subscription to prepaid legal service like Legal Shield so you can talk to a lawyer inexpensively about your rights and options.

Unfortunately I have learned better than to trust an attorney to develop a sound strategy or to manage a case efficiently  or to advocate my cause aggressively.  In the end YOU are responsible for winning or losing your case, and YOU suffer (the lawyer doesn’t) if you lose your case.   So, you need to keep your “thumb on the pulse” of the case at all times, to keep the lawyer “honest” so to speak, particularly if you have had the sad misfortune of hiring a foreclosure pretender defender (don’t make me name names).

In order to remain aware and capable, you need to learn the law and become disposed to using it.  And you should learn about litigation practice   – rules of procedure and evidence.  I have collected some links to federal and Florida laws, and legal research sites.  Enjoy.

Federal mortgage related Law/Regulations

ConsumerFinancialProtectionBureau Chapter X

  • Equity skimming on HUD property or VA loan property a Federal Crime – 12 USC 1709-2
12 USC 1709-2
Whoever, with intent to defraud, willfully engages in a pattern or practice of—
(1) purchasing one- to four-family dwellings (including condominiums and cooperatives) which are subject to a loan in default at time of purchase or in default within one year subsequent to the purchase and the loan is secured by a mortgage or deed of trust insured or held by the Secretary of Housing and Urban Development or guaranteed by the Department of Veterans Affairs, or the loan is made by the Department of Veterans Affairs,
(2) failing to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan, and
(3) applying or authorizing the application of rents from such dwellings for his own use,
shall be fined not more than $250,000 or imprisoned not more than 5 years, or both. This section shall apply to a purchaser of such a dwelling, or a beneficial owner under any business organization or trust purchasing such dwelling, or to an officer, director, or agent of any such purchaser. Nothing in this section shall apply to the purchaser of only one such dwelling.

Florida Mortgage Related Civil Litigation

Florida Evidence code Chapter 90
Witnesses, Records, Documents Code Chapter 92
Civil Practice
Rules of Civil procedure and Judicial Admin – http://floridabar.org
Go to Florida Judicial Circuit web site to find local court rules and administrative orders
Florida Code of judicial conduct
Oath of Admission to the Florida Bar
Rules regulating Florida Bar

Florida Consumer Collection Practices Act
Article III Chapter 673 and IX Chapter 679 UCC
marketable titles Chapter 712
Foreclosure Chapter 702
Florida Equity Skimming Chapter 697,

Books:

Trawick’s Florida Practice and Procedure
Florida Causes of Action
Florida Evidence Code with Objections
https://pushlegal.com/ online/phone law, rules, etc $1 per book per month rent.

Cheap legal research

http://www.stetson.edu/law/library/ –  Sometimes one can call with a question and get it answered

LII / Legal Information Institute

http://www.law.cornell.edu/wex legal dictionary/encyclopedia
http://law.lexisnexis.com/infopro/zimmermans/  Zimmerman research guide

http://constitution.org – founding documents, scholarly articles, searchable Statutes at Large
Google Scholar
http://Archive.org
Federal Digital System (laws etc)
Florida Appellate court web sites
  Florida appellate Opinions

http://www.findlaw.com/casecode/
http://www.justia.com/
http://www.plol.org/Pages/Search.aspx
http://www.lawguru.com/ilawlib/
http://thelawengine.com/
ABA Free Full-text Online Law Review/Law Journal Search Engine
Law Journals: Submissions and Rankings
http://www.fastcase.com/
http://www.versuslaw.com/
http://estore.loislaw.com/
http://www.lexisweb.com/ – Expensive
http://westlaw.com – Expensive
http://www.lexisone.com/freecaselaw/formulatingsearches.html
http://www.law.gmu.edu/library/research
http://www.law.duke.edu/lib/researchguides/intresearch
Federal case dockets and documents:  http://pacer.gov (you’ll need a credit card)