The Bankruptcy Court for the Middle District of Florida dismissed a Chapter 13 bankruptcy proceeding brought by a debtor (“Johnson”) in an effort to “repay his mortgage debt.” In re Johnson. In Johnson, the Debtor and his wife defaulted on their mortgage and Charles Schwab Bank (“Schwab”) initiated foreclosure proceedings. Thereafter, the Johnsons petitioned for…
The Third DCA affirmed a Fannie Mae foreclosure judgment and issued a written opinion for the limited purpose of discussing[i] the borrowers’ statute of limitations defense. Gonzalez v. Federal National Mortgage Association. In Gonzalez, the borrowers defaulted by failing to make their June 2007 mortgage payment. The bank sent the required demand notice and initiated…
The Second DCA recently granted rehearing on appeal so it could re-evaluate the evidentiary requirements a bank must meet to prove compliance with the notice provisions of the mortgage. Soule v. U.S. Bank National Association, as trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1. Initially, in Soule, the Second DCA affirmed…
The Southern District of Florida (Federal Bankruptcy Court) issued a memorandum opinion addressing two debtors’ proposed chapter 13 plans, both of which included a balloon payment to their respective mortgagees in the final month of the plan. In re: Dora Benedicto, and In re: Claudia Del Carmen Gonzalez. The Court, limiting its opinion to an…
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…
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…
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”…
The Fourth DCA recently held that a loan modification “is not a negotiable instrument” and therefore concluded the bank was not required to proffer the original modification at trial to support entry of judgment. Liukkonen v. Bayview Loan Servicing, No. 4D16-4193, 2018 Fla. App. LEXIS 4342 (Fla. 4th DCA Mar. 28, 2018). In Liukkonen, the…
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…
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…
