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 ...
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 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Recently, the 4th DCA ruled that the foreclosure by the HOA was void for lack of jurisdiction and that the lender’s foreclosure was the property place to adjudicate all liens on the property, as discussed here. The Court, upon ...
The Fourth District District Court of Appeal (4th DCA) recently held that a foreclosing lender was not required to send a new notice of default after dismissing its first foreclosure lawsuit but before filing a new foreclosure action. ...