201904.23
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UPDATE: FLORIDA SUPREME COURT ABANDONS PRIOR OPINION IN GLASS V. NATIONSTAR NULLIFYING ATTORNEY FEE AWARD TO BORROWER

In January we discussed in detail the Florida Supreme Court’s opinion in Glass v. Nationstar Mortgage, LLC. In that case, the Court reviewed the Fourth DCA’s decision to deny prevailing party attorneys’ fees to a borrower who obtained dismissal of a foreclosure action based on a successful lack of standing argument. The Fourth DCA concluded…

201904.23
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COURT RULING PROVIDES COSTLY LESSON ON BEST PRACTICES FOR LENDERS TO BRIDGE THE GAP BETWEEN DEFAULT AND SETTLEMENT

Last month the United States Court of Appeals for the Eleventh Circuit issued a sixty-page opinion which addressed claims brought by borrowers, Johnnie and Adrian Marchisio (“the Borrowers”), against Servicer Mortgage Services, LLC (“Servicer”) for various statutory and contractual violations committed by Servicer while servicing the Marchisio’s first and second mortgages. Marchisio v. Servicer Mortgage…

201903.14
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“SOVEREIGN CITIZENS” – A CONSPIRACY THEORIST GROUP THAT WREAKS HAVOC ON COURT SYSTEMS THROUGHOUT THE COUNTRY

The sovereign citizens movement (the “Movement”) appears to be gaining momentum and wreaking havoc on court systems throughout the country. (see: The Lawless]  Ones, etc.) According to the Anti-Defamation League (“ADL”), there is “significant growth” of this “extreme anti-government movement” with “no signs of stopping.” There have been numerous articles written about the Movement, its…

201902.08
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AFFIRMANCE OF BANK’S FINAL JUDGMENT OF FORECLOSURE DEMONSTRATES IMPORTANCE OF COMPLYING WITH PROCEDURAL REQUIREMENTS

The Third DCA recently rendered an opinion wherein it addressed several procedural technicalities seemingly insignificant, but in fact dispositive of significant issues in the foreclosure case. Santos v. HSBC Bank USA, etc. In Santos the mortgagor executed a note and mortgage in 2005 and defaulted in 2009. The bank filed a foreclosure complaint naming Santos…

201902.08
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THIRD DCA REVERSES JUDGMENT FOR PROPERTY OWNER APPLYING BARTRAM RETROACTIVELY TO FIND BANK’S FORECLOSURE NOT BARRED BY STATUTE OF LIMITATIONS

The Third DCA recently reversed the lower court’s entry of summary judgment in favor of a non-borrower condominium owner, LHF Hudson (“Hudson”). Nationstar Mortgage LLC v. LHF Hudson, LLC, 3D18-443, 2019 WL 362057, at *1 (Fla. 3d DCA Jan. 30, 2019). Hudson acquired title to the property in January 2014 at a condominium foreclosure sale….

201901.23
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NEW PRECEDENT ESTABLISHED IN FLORIDA THAT STATUTE OF LIMITATIONS DOES NOT LIMIT DAMAGES IF BANK PROVES CONTINUING STATE OF DEFAULT

Last month the Fifth DCA receded from its two prior opinions wherein it held the statute of limitations prevented a lender from recovering damages in a foreclosure action “for defaults that occurred more than five years prior to the filing date of the lawsuit.” Grant v. Citizens Bank, N.A. In Grant, the borrower (“Grant”) defaulted…

201901.07
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THE FLORIDA SUPREME COURT FINDS BASIS FOR ATTORNEY FEE AWARD IN FAVOR OF MORTGAGOR DESPITE BANK’S OSTENSIBLE LACK OF STANDING

The Florida Supreme Court issued a written opinion on January 4, 2019 which addressed a mortgagor’s entitlement to prevailing party attorney’s fees in the context of an unsuccessful foreclosure action. Glass v. Nationstar Mort. LLC. Nationstar held a reverse mortgage and initiated foreclosure proceedings “due to non-payment of taxes and/or insurance on the property.” After…

201810.30
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STATUTE OF LIMITATIONS | Key Points

In Pedersen, the Eleventh Circuit of the United States Court of Appeals recognized and enforced the following Florida precedents regarding the applicability of the statute of limitations to foreclosure actions: (1) In Florida, acceleration of the loan, which triggers the running of the statute of limitations, is marked by the filing of the foreclosure complaint;…