201907.31
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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
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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
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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
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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
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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
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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…

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…