Case Law Update
Foreclosure Standing & Attorney’s Fees: if borrower(s) obtain dismissal of foreclosure case by arguing lender does not have standing to bring the action, the borrower(s) cannot use 57.105 or the mortgage contract to obtain ...
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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 ...
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 ...