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Tag: default

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  • /Posts Tagged ' default '

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 ...

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  • 08-03-2018
  • Foreclosure , Real Estate
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  • all subsequent paymnts , bartram , default , default date , florida foreclosure statute , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , foreclosure statute of limitations

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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  • 07-11-2018
  • Foreclosure , Real Estate
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  • default , default date , defense , delray beach foreclosure defense , florida foreclosure statute , florida statutes , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , Mortgage , mortgage foreclosure , palm beach foreclosure defense , repeat foreclosures

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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  • 02-14-2018
  • Foreclosure , Real Estate
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  • 559.17 , attorney's fees , boca raton foreclosure defense , business records , debt , debt collection , default , defense , delray beach foreclosure defense , florida foreclosure statute , florida statutes , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , fort lauderdale foreclosure defense , loan , lost note , Mortgage , mortgage foreclosure , negotiable , note holder , palm beach foreclosure defense , pre-foreclosure , prevailing party

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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  • 07-27-2017
  • Foreclosure , Real Estate
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  • default , default date , delray beach foreclosure defense , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , Mortgage , mortgage foreclosure , palm beach foreclosure defense

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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  • 07-03-2017
  • Foreclosure , Real Estate
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  • default , default date , florida foreclosure statute , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , Mortgage , mortgage foreclosure

FL Supreme Court Refuses Rehearing on Bartram, Now FINAL!

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 ...

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  • 03-18-2017
  • Foreclosure , Real Estate
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  • default , default date , defense , Florida Supreme Court , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , mortgage foreclosure , repeat foreclosures

2nd DCA Refuses to Bar New Foreclosure under Statute of Limitations Utilizing Original Default and “All Subsequent Payments”

After the Bartram opinion allowing banks to re-file older foreclosure cases that were thought to be barred by the statute of limitations, the Florida Supreme Court left quite a few holes open. One such hole left was when the banks ...

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  • 02-28-2017
  • Foreclosure , Real Estate
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  • 5 years , bartram , default , default date , foreclosure , foreclosure defense , foreclosure statute of limitations , Mortgage , mortgage foreclosure

4th DCA Finds Lender Did Not Violate Mortgage By Accepting Partial Payments After Sending Default Letter

The Florida 4th District Court of Appeal (DCA) reversed the trial court’s ruling in favor of borrowers after the lender accepted partial payments after default. After sending borrowers a notice of default due to non-payment of ...

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  • 12-05-2016
  • Foreclosure
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  • default , default date , defense , foreclosure , foreclosure defense , foreclosure procedures , Mortgage , mortgage foreclosure

Bartram vs. US Bank UPHELD By Florida Supreme Court- Banks Can Foreclose “Forever” On Old Dismissed Cases

Yesterday November 3, 2016, the Florida Supreme Court finally issued its opinion in US Bank vs. Bartram concerning the statute of limitations of foreclosure cases in Florida.  Full opinion here.  As previously discussed here, the ...

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  • 11-04-2016
  • Foreclosure
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  • bartram , cure , default , default date , defense , Florida , florida statutes , Florida Supreme Court , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , Mortgage , mortgage foreclosure , repeat foreclosures

Florid 2nd DCA Holds 559.715 Assignment of Debt Notices NOT Applicable to Foreclosure

Plain English Summary: Florida law contains a statute, 559.715, which states that anytime one of your creditors sells the debt you owe to another creditor/company, they are supposed to send you written notice by mail telling you about ...

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  • 08-24-2016
  • Foreclosure , Real Estate
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  • 559.715 , affirmative defenses , default , fdcpa , Florida , florida statutes , foreclosure , foreclosure defense , foreclosure procedures , Mortgage , mortgage foreclosure
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