In my August post, I discussed two cases. In the Failla case, the Eleventh Circuit affirmed the District Court’s opinion that “once the debtor decides to ‘surrender’ secured property…
Continue Reading Dear Mortgage Lenders – This New Law is for You!
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
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
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
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
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?
The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case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
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
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
Continue Reading Standing to Foreclose: Think About the Place Where Your Note’s Been