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 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 ...
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, ...
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 ...
In a rather perplexing decision, Bank of New York Mellon Trust Co. v. Fitzgerald, Case No. 3D16-981, at *2 (3d DCA Mar. 1, 2017), the 3rd DCA recently rules that when a lender sues and loses the case because it cannot prove its ...
Previously as discussed here, Florida’s 4th DCA held that the lis pendens expired at final judgment of foreclosure. This meant that any liens filed between the final judgment of foreclosure and the foreclosure auction/sale date ...