The Florida Supreme Court granted rehearing in Glass v. Nationstar, withdrew its prior opinion and substituted a new opinion wherein it dismissed the borrower’s appeal of the Fourth DCA’s order denying the borrower an attorney fee award despite successfully defending a foreclosure action. In the substituted opinion, the Court explained that appellate review by the…

Last month the United States Court of Appeals for the Eleventh Circuit issued a sixty-page opinion which addressed claims brought by borrowers, Johnnie and Adrian Marchisio (“the Borrowers” or “Borrowers”), against Servicer Mortgage Services, LLC (“Servicer”) for various statutory and contractual violations committed by Servicer while servicing the Marchisio’s first and second mortgages. Marchisio v….

The sovereign citizen movement (“the Movement”) is an American movement thought to have begun nearly 50 years ago due in great part to the combination of economic hardship suffered by its members and anti-government sentiment. Sovereign citizens espouse a conspiracy theory based on the belief that the “legitimate” U.S. government, described as “a utopian minimalist…

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., Case No. 3D17-531 (Fla. 3d DCA October 31, 2018). In Santos, the lower court entered final judgment in favor of the bank. Santos,…

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. Prior to that in 2008…

Earlier this month the First DCA issued a written opinion again addressing the statute of limitations, this time in the context of a foreclosure action which included a count to reestablish a lost note under § 673.3091, Fla. Stat. Mielke v. Deutsche Bank Nat’l Tr. Co. as Tr. for GSAA Home Equity Tr. 2005-MTR1, 1D17-4265,…

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., 5D17-726, 2018 WL 6816805, at *1…

The Florida Supreme Court (“the Court”) issued a written opinion on January 4, 2019 which found a mortgagor who successfully obtained dismissal of the bank’s foreclosure complaint was entitled to prevailing party attorney’s fees under the mortgage and § 57.105(7), Fla. Stats. Glass v. Nationstar Mort. LLC, etc., et. al., Case No. SC17-1387 (Fla. January…

Florida Rules of Judicial Administration would require Courts to grant a continuance in litigation when the request is based on parental leave. The rule will apply to both women and men and will also apply to adoption. The rule provides a strong presumption that a continuance for parental leave, generally not exceeding three months, will…