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…

The issue of a Plaintiff’s standing to enforce a Promissory Note and Mortgage is one that is routinely raised as a defense in Florida Judicial foreclosure proceedings.  The trigger point of the issue is whether the Plaintiff had the right to file suit to enforce as of the date of filing of the foreclosure complaint. …

October 11, 2016; – The District of Columbia Circuit Court issued its ruling in the case of PHH Corporation, et.al. v. Consumer Financial Protection Bureau. The case was argued on April 12, 2016, and it is clear that the Court took great effort to evaluate the issues presented. Two critical points were addressed in the…

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…