201705.02
2

BANK STATEMENT DISCLAIMERS REGARDING BANKRUPTCY SUFFICIENT TO AVOID VIOLATION OF FDCPA & FCCPA

In an unpublished opinion, the Southern District Court of Florida recently affirmed the dismissal of several claims brought by a borrower, Gayle Helman (“Helman”) against her bank, Bank of America, N.A. (“BANA” or “the Bank”) Helman v. Bank of America, 2017 WL 1350278  (SD Fla April 12, 2017). Helman alleged the Bank wrongfully pursued collection…

201704.03
2

FLORIDA COURTS SIMPLIFY FORECLOSURE OF NON-BORROWER’S INTEREST

The Second District Court of Appeals (“Second DCA”) recently issued an interesting opinion about the limited rights of a non-borrower in a foreclosure case. The case is Pealer v. Wilminton Trust Nat’l Ass’n,[i]. In Pealer, third-party purchasers, Bonnie and William Pealer (“the Pealers”), acquired title to the subject property at a homeowner’s association (“HOA”) foreclosure…

201703.03
1

THE LIS PENDENS “EFFECT” IN THE CONTEXT OF A FORECLOSURE

The Fourth DCA recently reversed itself on rehearing in the matter of Ober v. Town of Lauderdale-By-The-Sea in a decision that favorably impacts the foreclosure industry. Ober, 2017 Fla. App. LEXIS 789 (Fla. 4th DCA Jan. 25, 2017). In Ober, the Court interpreted and applied Fla. Stat. § 48.23, commonly referred to as the lis…

201701.30
1

FACE-TO-FACE MEETINGS… ANOTHER CONDITION PRECEDENT TO FORECLOSURE?

The Florida Fifth District Court of Appeal issued an opinion last month which the servicing industry should take note of. The issue involved whether the HUD regulation requiring a “Face-to-Face” meeting creates a condition precedent to enforcement of a note and mortgage. The Court’s opinion did not provide a hard line directive, but certainly provides…

201606.01
2

Properly Evaluating Statute of Limitations Risk

The Florida Statute of Limitations (“SOL”) continues to undergo judicial review and scrutiny. As a result, lenders are wise to conduct a fact-specific analysis of loans that may be impacted by the SOL. Mortgages impacted by the SOL are not destined to being dismissed.  The impact of the SOL may reduce the amount that a…