201909.26
0

REQUIREMENTS FOR FORECLOSING | key points

In 2016 the Fourth DCA reversed a mortgagee’s final judgment of foreclosure and dismissed the case due to the mortgagee’s failure to introduce the written loan modification into evidence at trial. Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016). Several trial courts interpreted Rattigan to mean that the original of…

201909.26
0

REQUIREMENTS FOR FORECLOSING A MODIFIED LOAN IN FLORIDA

In 2016 the Fourth DCA reversed a mortgagee’s final judgment of foreclosure and dismissed the case due to the mortgagee’s failure to introduce the written loan modification into evidence at trial. Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016). In Rattigan, the original note “capped the principal amount that could…

201907.31
0

FLORIDA COURTS DISAGREE ON LIABILITY | Key Points

The First DCA rendered an opinion this month wherein it refused to limit the liability of a condominium owner for assessments and expenses to only those incurred by the prior owner. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st DCA July 16, 2019). FLA Trust…

201907.31
0

FLORIDA COURTS DISAGREE ON LIABILITY FOR CONDOMINIUM ASSESSMENTS

The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability for association assessments and liens pursuant to § 718.116(1)(a), Fla. Stat., which pertains to a. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st…

201906.20
0

US SUPREME COURT FINDS BANK | Key Points

On June 3, 2019, the United States Supreme Court (“USSC”) granted certiorari relief and weighed in on “the criteria for determining when a court may hold a creditor in civil contempt for attempting to collect a debt that a discharge order has immunized from collection.” Taggart v. Lorenzen, 139 S. Ct. 1795, 1799 (2019). The…

201906.20
0

US SUPREME COURT FINDS BANK NOT SUBJECT TO CIVIL CONTEMPT IF THERE IS A “FAIR GROUND OF DOUBT” AS TO WHETHER BANK’S CONDUCT WAS LAWFUL UNDER BANKRUPTCY DISCHARGE ORDER

On June 3, 2019, the United States Supreme Court (“USSC”) granted certiorari relief and weighed in on “the criteria for determining when a court may hold a creditor in civil contempt for attempting to collect a debt that a discharge order has immunized from collection.” Taggart v. Lorenzen. Taggart involved a debtor, Bradley Taggart, and…

201906.20
0

COURT ORDERS NEW TRIAL | Key Points

The Fourth DCA recently reversed the trial court’s dismissal of a foreclosure action finding the proffer of a complete payment history is not necessarily a requirement for the bank to foreclose its lien interest. Deutsche Bank Tr. Co. Americas as Tr. for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2006-QO1 v. JB Inv….

201906.20
0

COURT ORDERS NEW TRIAL FINDING PARTIAL PAYMENT HISTORY ESTABLISHED PRIMA FACIE CASE ON FORECLOSURE DAMAGES

This month the Fourth DCA reversed the trial court’s order of dismissal of a foreclosure initiated by Deutsche Bank, as Trustee of a mortgage backed trust, (“the Bank”) finding the Bank’s failure to “enter into evidence the entire payment history…” did not constitute a basis for dismissal contrary to the trial court’s holding. Deutsche Bank…