Foreclosure

Foreclosure Case Law Update- Statute of Limitations Further Eroded

Florida appellate courts have continued to make case law eroding the Florida statute of limitations for foreclosure filings allowing banks to proceed to judgment on previously dismissed cases refiled years after the foreclosure crisis. ...

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Congress Permanently Reinstates Protecting Tenants at Foreclosure Act

Congress recently reenacted the “Protecting Tenants at Foreclosure Act” (PTFA) on May 24, 2018 which had expired as discussed here at the end of 2014 after running from 2009-2014. The PTFA went back into effect June 24, 2018. Per the ...

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Florida 3rd DCA Rejects Statute of Limitations Dismissal Per “All Subsequent Payments”

Florida’s 3rd District Court of Appeal out of Miami recently expanded the rejection of statute of limitations in foreclosure cases in U.S. Bank National Assoc., Trustee v Morelli, et al., Case No. 3D17-286 (Fla. 3d DCA June 6, ...

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Well Fargo to Pay Regulators $1 BILLION Fine

Wells Fargo will pay the Consumer Financial Protection Board (CFPB) and the Office of Comptroller of the Currency (OCC) a total of $1 billion to settle various investigations into lending practices; $500 million to each regulator. The ...

Florida Foreclosure Case Law Update

HSBC Bank USA, Nat’l Ass’n, etc. v. Buset, No. 3D16-1383 (Fla. 3d DCA Feb. 7, 2018)- the court made many significant holdings to foreclosure law gong forward. First, that a note IS in fact a negotiable instrument, the negotiability of ...

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Florida 5th District Court of Appeal Clarifies Foreclosure Statute of Limitations for Amounts Owed

The 5th DCA recently held in Velden vs Nationstar Mortgage, 5D16-3628 (January 12, 2018) that amounts beyond the 5 year statute of limitations period in foreclosure were not collectible. The Florida Supreme Court in Bartram previously ...

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Case Law Update on “2 Dismissal Rule” and Statute of Limitations.

There is a rule of Civil Procedure that exists which bars successive lawsuits after 2 tries, often referred to as the “two dismissal rule” under Rule 1.420. The 1st DCA recently held that this rule does not apply to ...

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3rd DCA Also Holds Purchaser After Bank’s Lis Pendens Has No Standing To Intervene in Foreclosure Case

The 3rd DCA recently held, along with the 4th in De Sousa v. JP Morgan Chase, N.A., 170 So. 3d 928 (Fla. 4th DCA 2015), that when a purchaser of a property via deed or foreclosure sale takes title after the senior/first mortgage ...

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Florida 5th DCA Holds Trial Court Incorrect Distributing Foreclosure Surplus to Third Party Bidder

The 5th DCA recently ruled that the trial court erred in distributing surplus to a 3rd party purchaser. FL Statute 45.033, states that surplus foreclosure proceeds are generally disbursed to owner of record (except in certain limited ...

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5th and 2nd DCAs Clarify Hicks Opinion as Well as Pleading Requirements to Meet Statute of Limitations

The 5th DCA recently issued Klebanoff v. Bank of N.Y. Mellon, and the 2nd DCA Huntington National Bank v. Watters, which clarify the pleadings requirements for lenders filing subsequent foreclosure actions. Previously, the Court ruled ...

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