201902.08
0

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
0

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
0

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
0

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
0

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;…

201810.30
0

BANKRUPTCY COURT DISMISSES CHAPTER 13 | Key Points

Last week the Bankruptcy Court for the Middle District of Florida dismissed a Chapter 13 bankruptcy proceeding brought by a debtor (“Johnson”) in an effort to “repay his mortgage debt.” In re Johnson, Case No.: 3:18-bk-659-JAF (Fla. Mid. Dist. October 1, 2018). Johnson had previously received a discharge of his debt in a Chapter 7…

201810.30
0

BANKRUPTCY COURT DISMISSES CHAPTER 13 CASE BASED ON DEBTOR’S PRIOR SURRENDER OF PROPERTY IN CHAPTER 7 CASE

The Bankruptcy Court for the Middle District of Florida dismissed a Chapter 13 bankruptcy proceeding brought by a debtor (“Johnson”) in an effort to “repay his mortgage debt.” In re Johnson. In Johnson, the Debtor and his wife defaulted on their mortgage and Charles Schwab Bank (“Schwab”) initiated foreclosure proceedings. Thereafter, the Johnsons petitioned for…

201809.14
0

FLORIDA COURTS SHIFT ON STATUTE OF LIMITATIONS | Key Points

In Gonzalez v. Federal National Mortgage Association, the Third DCA affirmed a final judgment of foreclosure in favor of FNMA and refused to apply the five-year statute of limitations to limit the judgment amount. The Court’s refusal to reduce the judgment amount to those amounts due within the five-year limitations period was in direct conflict…