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…

In January we discussed in detail the Florida Supreme Court’s opinion in Glass v. Nationstar Mortgage, LLC. In that case, the Court reviewed the Fourth DCA’s decision to deny prevailing party attorneys’ fees to a borrower who obtained dismissal of a foreclosure action based on a successful lack of standing argument. The Fourth DCA concluded…

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”), 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. Servicer Mortgage…

The Second DCA joins the Third, Fourth and Fifth District Courts of Appeal finding that a lender is not barred from pursuing the entire unpaid debt in the event of a default. Grdic v. HSBC Bank USA, N.A. Specifically, the Court held: “We agree with the sound rationale set forth in Grant, Gonzalez, and Graybush….

The sovereign citizens movement (the “Movement”) appears to be gaining momentum and wreaking havoc on court systems throughout the country. (see: The Lawless]  Ones, etc.) According to the Anti-Defamation League (“ADL”), there is “significant growth” of this “extreme anti-government movement” with “no signs of stopping.” There have been numerous articles written about the Movement, its…

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 at a condominium foreclosure sale….

SHD successfully tried a case which included a count to reestablish a promissory note. The Defendant argued the right to reestablish the note was barred by the Statute of Limitations. 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…

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. In Grant, the borrower (“Grant”) defaulted…

The Florida Supreme Court issued a written opinion on January 4, 2019 which addressed a mortgagor’s entitlement to prevailing party attorney’s fees in the context of an unsuccessful foreclosure action. Glass v. Nationstar Mort. LLC. Nationstar held a reverse mortgage and initiated foreclosure proceedings “due to non-payment of taxes and/or insurance on the property.” After…

The Eleventh Circuit of the United States Court of Appeals addressed the applicability of the statute of limitations to a mortgage foreclosure action which included a claim to reestablish a lost note. Bank of New York Mellon for Nationstar Home Equity Trust 2007-A v. Pederson. In Pedersen, the borrowers (“the Pedersens”) appealed the Bank of…