201807.09
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FLORIDA COURT REVERSES JUDGMENT QUIETING TITLE AGAINST BANK & FINDS MORTGAGEE HOLDS VALID & FORECLOSABLE LIEN

The Fourth District Court of Appeals recently published an opinion wherein the DCA reversed a circuit court’s summary judgment in favor of an owner (non-mortgagor) based on a quiet title action affecting property situated in St. Lucie County, Florida. Avelo Mortg., Ltd. Liab. Co. v. Vero Ventures, Ltd. Liab. Co.[1] In Vero Ventures, the owner…

201806.08
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THE “PROTECTING TENANTS AT FORECLOSURE ACT” OF 2009 HAS BEEN RESTORED EFFECTIVE JUNE 24, 2018

On May 24, 2018, President Trump signed a bill into law called the “Economic Growth, Regulatory Relief, and Consumer Protection Act” (hereinafter “Consumer Protection Act”). Public Law No. 115-174 Title III, Consumer Protection Act, § 304. Among other things, the Consumer Protection Act restored “the notification requirements and other protections related to the eviction of…

201805.07
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JUDGMENT REVERSED BECAUSE WITNESS LACKED FIRSTHAND KNOWLEDGE OF ROUTINE BUSINESS PRACTICE FOR MAILING LETTERS

The Second DCA reversed a bank’s final judgment of foreclosure and remanded the case for an order of involuntary dismissal finding the bank’s evidence was insufficient to prove it satisfied conditions precedent. Spencer v. Ditech Fin., No. 2D16-4817, 2018 Fla. App. LEXIS 4541 (2d DCA Apr. 4, 2018). In Spencer, the bank, EverHome Mortgage Company[i] (“EverHome”…

201804.25
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DEFENSE ATTORNEY MARK STOPA FACES POTENTIAL DISBARMENT

Foreclosure Defense Attorney Mark Stopa has been a significant presence in Florida foreclosure litigation over the past many years. Virtually every Plaintiff’s attorney who has dealt with Mr. Stopa has been challenged by his unprofessional litigation tactics and his bombastic approach to defense litigation. SHD Legal Group P.A. has been involved in many cases with…

201804.05
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FLORIDA CODIFIES RIGHT TO RELY ON BANKRUPTCY DOCUMENTS TO ENFORCE DEBTOR’S SURRENDER OF MORTGAGED PROPERTY

The Florida Legislature recently enacted a new bill, Senate Bill 220, which allows a lienholder to file a debtor’s bankruptcy documents in state foreclosure proceedings to create a “rebuttable presumption” that the debtor “waived any defense to the foreclosure action.” By way of background, in bankruptcies filed under both chapter 7 and chapter 13 of…

201803.06
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FLORIDA COURT FINDS BANK HAD STANDING TO FORECLOSE AS THE NOTE HOLDER DESPITE SECURITIZATION

The Third DCA recently reversed a final judgment entered in favor of two borrowers (Joseph and Margaret Buset, hereinafter “the Borrowers” or “the Busets”) in a foreclosure action concluding securitization of their loan did not affect the negotiable nature of the note or the Bank’s holder status.[i]  In Buset, the Borrowers executed a note and…