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 ...
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 ...
A few interesting cases to note: Gunning vs. Equestleader.com, Inc., 2D16-2214 (Fla. 2d DCA October 13, 2017): The Curt found that once the parties entered into a contract for purchase of real property, that if buyer came upon the ...
All Florida residents recovering from hurricane Irma should immediately begin getting their claims in for damage to their properties. With the extent of the damage across the state, claims could take longer than average to process and ...
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 ...
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 ...
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 ...
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 ...
Following the 5th DCA and 3rd DCA recently discussed here, the 4th DCA in Nationstar Mortgage LLC v. Glass, No. 4D15-4561, similarly held that when a borrower successfully argues that the lender did not have standing to foreclosure, ...
On March 16, 2017, the FL Supreme Court denied all pending motions for rehearing made by the borrowers and other groups who filed briefs on behalf of homeowners in the landmark Bartram case, thus making the opinion issued in November ...