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 ...
HK Legal Group
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 ...
FBI Forces Suspect to Unlock an iPhone Face ID
FBI agents in Ohio recently raided the home of a 28-year child abuse suspect named Grant Michalski. With a search warrant in hand, they forced him to put his face in front of the iPhone to unlock it via Face ID facial unlock. They were ...
Florida FAR-Bar Contract Overview
The Florida FAR-BAR contract is a standard form contract used for the sale of residential real estate in Florida developed by The Florida Bar and Florida Association of Realtors. The FAR-BAr contract is widely used by owners, real ...
Florida Master Association Formed before 1991 Statute Amendments is NOT a Condominium Association
Recently decided in Dimitri v. Commercial Center of Miami Master Association, Inc., Case No. 3D16-2549 (Fla. 3d DCA Aug. 8, 2018), the appellate court had to rule upon the issue if a master condominium association was an association ...
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, ...