Standing in foreclosure cases continues to be a hot issue in Florida’s appellate courts. It seems like a week doesn’t go by without an opinion that reminds lenders what they need to do to establish standing to foreclose a mortgage.
This week, Florida’s Fourth District Court of Appeal issued two opinions discussing foreclosure standing. Both
In an opinion issued yesterday in Chester A. Brooks, et al. v. Bank of America, et al., Case No. 4D14-3337 (Fla. 4th DCA May 25, 2016), Florida’s Fourth District Court of Appeal made clear that, in order to obtain summary judgment of foreclosure, a lender must prove facts to refute a defense
The emerging Peer to Peer lending industry suffered a major shake-up this week, with Renaud Laplanche’s resignation as CEO of Lending Club. Lending Club’s founder resigned due to a “violation of the company’s business practices along with a lack of full disclosure during the review.”
It is being reported that $22 million in near-prime loans
How does a bank defend against a claim that it failed to comply with an oral agreement to make a loan? Lenders in Florida are protected against such “he said, she said” claims by Florida’s Banking Statute of Frauds – Fla. Stat. § 687.0304.
Florida’s Banking Statute of Frauds prohibits a debtor from maintaining an
HSBC Bank avoided a potential attorney’s fee judgment when the trial judge deemed abandoned a borrower’s post-dismissal motion for costs and attorneys’ fees. In an opinion released this morning, Florida’s Fourth District Court of Appeal affirmed that ruling in the case of Domenic Grosso a/k/a Domenic L. Grosso v. HSBC Bank USA, N.A., 4
It looks like standing is the flavor of the month in foreclosure defense and the issue that lenders need to make sure that they are addressing at trial. Two recent Florida appellate court decisions highlight this issue.
In Michael Sorrell v. U.S. Bank National Association, Fla. 2d DCA Case No. 2D14-3883 (Apr. 6, 2016),
In a highly anticipated ruling, after rehearing en banc, Florida’s Third District Court of Appeal reversed its prior ruling in Deutsche Bank Trust Co. America v. Beauvais, 40 Fla. L. Weekly D1 (Fla. 3d DCA Dec. 17, 2014), and substituted a new opinion in its place.
Beauvais addressed the issue of whether the
The Consumer Financial Protection Bureau is in the midst of what many see as its most serious challenge to date. After a CFPB administrative law judge fined PHH Corp. $6 million for allegedly violating RESPA by purportedly receiving kickbacks from mortgage insurers, CFPB Director Richard Cordray increased the penalty to $109 million. PHH appealed
In the first of what may be many 4-4 split decisions following the death of Justice Antonin Scalia, the U.S. Supreme Court issued its opinion in Hawkins v. Community Bank of Raymore, No. 14-520, leaving in place the Eighth Circuit’s ruling that the Equal Credit Opportunity Act’s (“ECOA”) prohibition against marital status discrimination
The Office of the Comptroller of the Currency has issued OCC Bulletin 2016-6, which outlines its process for providing an opportunity for the banks that it supervises (such as national banks, federal savings banks, and federal savings associations) to respond to charges of non-compliance with Bank Secrecy Act compliance program requirements or repeat/uncorrected problems with