Author Archive for Christopher P. Hahn – Page 2

Fla. Supreme Court Holds Each Default Triggers New SOL, Manner of Dismissal of Prior Foreclosure Not Material to SOL Analysis

The Supreme Court of Florida today issued its long-awaited ruling in Bartram v. U.S. Bank, involving when Florida’s five-year mortgage foreclosure statute of limitations is triggered. The Court held that: “[W]ith each subsequent default, the statute of limitations runs from the date of each new default providing the mortgagee the right, but not the obligation,

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Fla. App. Court (2nd DCA) Reverses Foreclosure Due to No Evidence Loan Was Included in Trust Corpus

The District Court of Appeal of the State of Florida, Second District, recently reversed a final judgment of foreclosure in favor of the trustee of a mortgage-backed securities trust, holding that the mortgagee failed to prove that it had standing when the complaint was filed because there was no evidence that the loan was included

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Fla. App. Court (2nd DCA) Holds Non-Party HOA Not Subject to Foreclosure, HOA Lien Not Limited

The District Court of Appeal of the State of Florida, Second District, recently reversed a summary judgment in favor of a mortgagee in two consolidated actions for declaratory and injunctive relief regarding the extent of the mortgagee’s liability for unpaid homeowners association assessments, holding that the trial court erred because the homeowners association was not

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Fla. App. Court Holds Florida ‘Notice of Assignment of Debt’ Not Applicable to Mortgage Lenders or Foreclosures

The District Court of Appeal of Florida, Second District, recently reversed a final summary judgment in borrowers’ favor, holding that section 559.715 of the Florida Consumer Collection Practices Act (FCCPA) does not apply to the holder of the note and is not an affirmative defense to foreclosure actions because it does not create a condition

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Fla. App. Court (4th DCA) Reverses Sanctions Against Foreclosing Mortgagee as to Non-Signing Spouse

The District Court of Appeal of the State of Florida, Fourth District, recently reversed an order imposing sanctions against a foreclosing mortgagee, holding that the trial court erred in granting the motion for sanctions because the plaintiff mortgagee had an objectively reasonable belief that a non-signing spouse was a properly named defendant in the case.

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Fla. App. Court (4th DCA) Reverses Dismissal of Foreclosure Based on ‘Unclean Hands’

The District Court of Appeal of the State of Florida, Fourth District, recently reversed the dismissal of a mortgage foreclosure action, holding that the trial court “erred in using the doctrine of unclean hands to dismiss the bank’s foreclosure action.” A copy of the opinion in Wells Fargo Bank, N.A. v. Williamson is available at:  Link

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Fla. App. Court (4th DCA) Holds HOA Foreclosure Filed After Recording of Mortgagee’s Lis Pendens Not Barred

Distinguishing its prior ruling in U.S. Bank National Ass’n v. Quadomain Condominium Ass’n, the District Court of Appeal of the State of Florida, Fourth District, recently held that a foreclosure of a homeowners association’s lien against the property owner filed after the recording of a lis pendens by a first mortgagee is not barred, where

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11th Cir. Holds FCRA ‘Reasonable Investigation’ May Require Assignee to Examine Account-Level Documents

The U.S. Court of Appeals for the Eleventh Circuit recently reversed in part a trial court’s ruling granting summary judgment in favor of a debt buyer, its affiliated debt collector and their parent company, holding that a reasonable jury could find that the defendants willfully violated section 1681s-2(b) of the federal Fair Credit Reporting Act

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Fla. App. Court Reverses Foreclosure Despite Evidence Prior Servicer Did Not Receive Signed Loan Mod. Docs

The District Court of Appeal of Florida, Second District, recently reversed a final judgment of foreclosure, instead directing the trial court to enter judgment in favor of the borrower. In so ruling, the Appellate Court rejected and disregarded the current servicer’s evidence that the loan modification documents had not been received, because the borrowers introduced

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Fla. App. Court (3rd DCA) Holds Evidentiary Hearing Required to Set Redemption Amount

The Third District Court of Appeal, State of Florida, recently reversed and remanded a trial court’s order incorrectly setting the amount required to redeem a mortgage loan, and held that the trial court must conduct an evidentiary hearing to determine the amount needed to redeem the mortgage loan because the redemption amount was unliquidated. A

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Fla. App. Court Holds Indorsement by Successor by Merger Not Sufficient to Confer Standing to Foreclose

The District Court of Appeal of the State of Florida, Fourth District, recently reversed a final judgment of foreclosure, holding that the mortgagee failed to prove that it had standing to foreclose because the note was specially indorsed to an affiliate of the lender, which later merged into the lender, but only the lender and

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11th Cir. Holds Failure to Disclose Disputes Must Be ‘In Writing’ Violates FDCPA

The U.S. Court of Appeals for the Eleventh Circuit recently held that a collection letter sent to the consumer’s attorney is a “communication with a consumer” within the meaning of §1692g of the federal Fair Debt Collection Practices Act (FDCPA). Additionally, the Court held omitting a statement that disputes must be “in writing” in a

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