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Tag: foreclosure procedures

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  • /Posts Tagged ' foreclosure procedures '

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 ...

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  • 01-27-2019
  • Foreclosure , Real Estate
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  • attorney's fees , boca raton foreclosure defense , delray beach foreclosure defense , foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , fort lauderdale foreclosure defense , mortgage foreclosure , palm beach foreclosure defense , standing

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 ...

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  • 01-10-2019
  • Foreclosure , Real Estate
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  • 5 years , boca raton foreclosure defense , defend foreclosure , florida foreclosure statute , foreclosure , foreclosure defense , foreclosure procedures , foreclosure statute of limitations , fort lauderdale foreclosure defense , is there a statute of limitations on foreclosure , mortgage foreclosure , palm beach foreclosure defense , pre-foreclosure , statute of limitations

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 ...

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  • 11-04-2018
  • Foreclosure
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  • foreclosure , foreclosure defense , foreclosure judgment , foreclosure procedures , Mortgage , mortgage foreclosure , note , original note , standing

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

Florida 5th DCA Holds Trial Court Incorrect Distributing Foreclosure Surplus to Third Party Bidder

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 ...

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  • 07-10-2017
  • Foreclosure , Real Estate
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  • 45.033 , florida statutes , foreclosure , foreclosure procedures , foreclosure surplus , junior liens , surplus , third party bidder

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
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