The Priority of Interests in Real Estate
In Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc., the Second District Court of Appeal reversed a 2011 final judgment entered in favor of Kipps Colony II Condominium...
View ArticleFlorida’s Fourth DCA Provides Clarity on Proofs Required to Enforce...
In Bank of New York Mellon Trust Company v. Dennis M. Conley, 4D14-2430 (Fla. 4th DCA Jan. 6, 2016), Florida’s Fourth District Court of Appeal clarified the methods by which a foreclosure plaintiff can...
View ArticleCommentary on Elsman: Copy of Note Attached to Complaint May Evidence...
With its recently-issued opinion in Elsman v. HSBC Bank USA as Trustee for MLMI 2006-AF1, slip op. 5D14-1753, 41 Fla. L. Weekly D57b, 2015 WL 9491875 (Dec. 31, 2015), the Fifth DCA has added to a...
View ArticleFlorida Appellate Courts Reject New Title Holder’s Efforts to Intervene In...
As the foreclosure crisis dies down, lenders are seeing more creative tactics employed to stall foreclosures. One tactic is that during the pendency of the first lien holder’s foreclosure, the borrower...
View ArticleLenders Are Not Necessarily Required to Send a Duplicative Pre-suit Notice in...
In the case of Sill v. JPMorgan Chase Bank National Association, Michael Sill appealed a final judgment of foreclosure entered in favor of JPMorgan Chase Bank (“Chase”), in which he asserted three...
View ArticleFlorida Appellate Court Holds that Fla. Stat. 559.715 Notice of Assignment...
In a split two-one decision, Florida’s Second District Court of Appeal affirmed the decision reached below and held that Fla. Stat. 559.715’s notice of assignment provision does not create a condition...
View ArticleFlorida’s Second DCA Reverses Dismissal of Foreclosure in Favor of Borrowers...
For years, counsel for borrowers have successfully argued that the bank failed to meet conditions precedent required under Section 559.715 of Florida’s Consumer Collection Practices Act (“FCCPA“)....
View ArticleFlorida’s 5th DCA Joins 2d and 3d, Expressly Adopts Substantial Compliance...
The brief era of confusion amongst Florida trial judges regarding the standard for judging compliance with conditions precedent in residential mortgage foreclosures is hopefully coming to a close....
View ArticleSecond DCA Supports Constructive Possession to Show Standing but Requires...
In a recent opinion, the Second District Court of Appeal explained its approval of agency relationship to establish that a plaintiff is entitled to foreclose as “holder” of the original note under...
View ArticleBorrowers Cannot Rely on Technical Admissions to Defeat a Mortgage...
Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a motion for summary judgment in June 2013. After...
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