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 ...
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 ...
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 ...
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’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, ...
Typically after a foreclosure sale, if the lender retakes title which happens in many cases, its liability to the HOA for the former owner’s assessments are limited to the lesser of 1% of the original mortgage amount or 12 months ...
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 ...
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 ...