Case Law Update
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 ...
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FL Supreme Court Reverses Glass Opinion That Held If No Standing Then No Prevailing Attorney’s Fees To Borrower
The Florida Supreme Court issued an opinion reversing Nationstar Mortgage LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA 2017). In Glass, the 4th DCA held that where a borrower successfully proves that a lender does not have standing to ...
Florida Statute of Limitations Does Not Prevent Foreclosing Lender From Collecting Amounts Beyond 5 Years Past Due
Earlier this month the Florida 5th DCA released an opinion, Grant v. Citizens Bank, N.A., slip op., Case No. 5D17-726 (Fla. 5th DCA Dec. 26, 2018), holding that the 5 year statute of limitations to bring an action to enforce a note and ...
Bank Has Standing to Foreclose in Subsequent Case When Clerk Retains Original Note
Last week the Second DCA decided an appeal challenging the bank’s standing to foreclose if the bank refiled a foreclosure case but left the original note on file with the county clerk of court. Previously two opinions, Partridge ...
Florida Foreclosure Statute of Limitations Further Eroded
Florida appellate courts have continued to make case law eroding the Florida foreclosure statute of limitations allowing banks to proceed to judgment on previously dismissed cases refiled years after the foreclosure crisis. U.S. Bank ...
Congress 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 ...
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, ...
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 ...
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 ...