201905.22
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DCA HOLDS BANK | Key Points

Last week the Fifth DCA granted certiorari relief to US Bank quashing (essentially reversing) a circuit court’s order compelling the bank to produce a specific person for an out-of-state deposition in a residential foreclosure action. U.S. Bank Nat’l Ass’n as Tr. for Certificateholders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Arm Tr., Mortgage…

201905.22
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DCA HOLDS BANK, NOT BORROWER, ENTITLED TO DESIGNATE ITS CORPORATE REPRESENTATIVE FOR PURPOSE OF DEPOSITION

Last week the Fifth DCA granted certiorari relief to US Bank quashing (essentially reversing) a circuit court’s order compelling the bank to produce a specific person for an out-of-state deposition in a residential foreclosure action. U.S. Bank Nat’l Ass’n as Tr. for Certificateholders of Structured Asset Mortgage Investments II, Inc., Bear Stearns Arm Tr., Mortgage…

201905.22
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DCA FINDS | Key Points

The Fourth DCA reversed an involuntary dismissal of a Pinellas County, Florida mortgage foreclosure action finding the bank did in fact satisfy conditions precedent contrary to the trial court’s finding otherwise. HSBC Bank USA, N.A. as Tr. for Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 v. Leone, 2D17-2851, 2019 WL 1967650, at…

201905.22
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DCA FINDS BANK SATISFIED CONDITIONS PRECEDENT AND CLARIFIES BANK IS NOT OBLIGATED TO PROVIDE MULTIPLE DEMAND NOTICES

The Fourth DCA reversed an involuntary dismissal of a Pinellas County, Florida mortgage foreclosure action finding the bank did in fact satisfy conditions precedent contrary to the trial court’s finding otherwise. HSBC Bank USA, N.A. as Tr. for Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 v. Leone. In Leone, the bank first…

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….