201904.23
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GLASS V. NATIONSTAR | Key Points

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…

201904.23
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COURT RULING PROVIDES COSTLY LESSON ON BEST PRACTICES | Key Points

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….

201903.14
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“SOVEREIGN CITIZENS” | Key Points

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…

201902.08
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AFFIRMANCE OF BANK’S FINAL JUDGMENT |Key Points

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,…

201902.08
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THIRD DCA REVERSES JUDGMENT | Key Points

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…

201901.23
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FLORIDA DCA FINDS STATUTE | Key Points

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,…

201901.23
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NEW PRECEDENT ESTABLISHED IN FLORIDA | Key Points

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…

201901.07
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FLORIDA SUPREME COURT FINDS BASIS FOR ATTORNEY FEE AWARD | Key Points

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…

201706.30
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Florida Considering Attorney Parental Leave | Key Points

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…

201509.14
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Roy Diaz

Practice Areas: Mortgage Foreclosure Real Estate Litigation Education: Nova Southeastern School of Law, Juris Doctor (1987) Florida International University, Bachelor of Arts (1984) Bar Admissions: Florida Bar United States District Court for the Southern District of Florida United States District Court for the Middle District of Florida United States District Court for the Middle District…