I recently wrote in Fox Rothschild’s Consumer Law Ledger about a Florida appellate court’s ruling that the statute of limitations for a negligent appraisal claim begins to run on the
Continue Reading Is It Really Too Late? Statute of Limitations for Negligent Appraisal Ruling May Be Challenged
All Sales May Be Final, But No Foreclosure Sale Until Final Appealable Order
Can a foreclosure sale be held when interrelated counterclaims remain pending? Florida’s Second District Court of Appeal recently addressed this issue in DeLong v. Paradise Lakes Condominium Association, Inc.,
Continue Reading All Sales May Be Final, But No Foreclosure Sale Until Final Appealable Order
Continuing is Key: Statute of Limitations No Bar to Re-Filed Foreclosure if Default is Continuing
In late-2016, the Florida Supreme Court finally addressed the application of the statute of limitations in a re-filed mortgage foreclosure action. In Bartram v. U.S. Bank, N.A., Fl. Sup.
Continue Reading Continuing is Key: Statute of Limitations No Bar to Re-Filed Foreclosure if Default is Continuing
It’s a Deficiency Decree, Not a Consumer Debt: FCCPA Does Not Apply to Actions for Deficiency
Florida’s Second District Court of Appeal recently addressed an interesting question concerning whether Florida’s Consumer Collection Practices Act applies to an action seeking a deficiency decree. In the situation presented,
Continue Reading It’s a Deficiency Decree, Not a Consumer Debt: FCCPA Does Not Apply to Actions for Deficiency
Opinions Are Like … : And Judges Can’t Rely On Them For Legal Conclusions
A trial court may not rely on a legal opinion offered by a party’s expert witness. Florida’s Third District recently reversed dismissal of a mortgage foreclosure action based on this
Continue Reading Opinions Are Like … : And Judges Can’t Rely On Them For Legal Conclusions
Same-Day ACH: The First Phase Begins Today
Are you ready for “Same Day ACH”? Implementation of the first-phase of a new rule adopted by NACHA (National Automated Clearing House Association) that will provide for the faster movement
Continue Reading Same-Day ACH: The First Phase Begins Today
“Congratulations! Now Pay Up!”: Did you think your lis pendens discharged post-judgment liens?
That look you get when you realize you just bought property at a foreclosure sale that is still subject to liens …
Foreclosure plaintiffs should take note of the Fourth
Continue Reading “Congratulations! Now Pay Up!”: Did you think your lis pendens discharged post-judgment liens?
Bucking the Trend: No Fraud If Modification Not Promised and Foreclosure Resulted From Failure to Pay
The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case
Continue Reading Bucking the Trend: No Fraud If Modification Not Promised and Foreclosure Resulted From Failure to Pay
Diversity Jurisdiction: National Bank is a Citizen Only of State Where It Has Its Main Office
Another United States Circuit Court has ruled that, for purposes of diversity jurisdiction, a national bank is a citizen only of the state in which it has its main office.
Continue Reading Diversity Jurisdiction: National Bank is a Citizen Only of State Where It Has Its Main Office
A Ruling That Will Be of Interest to Lenders: Don’t Forget to Present Evidence of the Amount of Interest
Florida’s appellate courts continue to address the sufficiency of evidence in mortgage foreclosure cases. This week, the Fourth District Court of Appeal provided guidance to lenders for properly establishing interest
Continue Reading A Ruling That Will Be of Interest to Lenders: Don’t Forget to Present Evidence of the Amount of Interest