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.
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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
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“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The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir. Case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
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
Standing to Foreclose: Think About the Place Where Your Note’s Been
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
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Beauvais Reversed – Statute of Limitations Does Not Bar Subsequent Foreclosure Action on Later Default
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
Continue Reading Beauvais Reversed – Statute of Limitations Does Not Bar Subsequent Foreclosure Action on Later Default