Foreclosure Standing & Attorney’s Fees: if borrower(s) obtain dismissal of foreclosure case by arguing lender does not have standing to bring the action, the borrower(s) cannot use 57.105 or the mortgage contract to obtain attorney’s fees; as the lender is was ruled to not have standing in the case to enforce the contract so it cannot be enforced against the lender. Nationstar Mortg. LLC v. Faramarz, No. 4D18-347 (Fla. 4th DCA June 26, 2019) (reversing award of attorney’s fees) and Deutsche Bank Trust Co. Americas as Trustee Rali 2006-QS6 v. Page, No. 4D18-816 (Fla. 4th DCA June 12, 2019) (reversed and certifying conflict).
Both of these cases affirm the Glass opinion previously discussed.