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Posts published in September 2015

Florida Appellate Court Confirms Mortgagee Need Only Prove FMV to Obtain Foreclosure Deficiency Judgment

The District Court of Appeal of Florida, Fifth District, recently reversed the denial of a motion for deficiency judgment in a foreclosure action, holding that the trial court erroneously required the mortgagee to introduce into evidence the final judgment of foreclosure previously entered in the…

SD Fla. Provides Mixed Ruling on RESPA RFI Responses, Property Inspection Fees Assessed Post-Default

The U.S. District Court for the Southern District of Florida recently dismissed with prejudice a borrowers’ allegations that a loan servicer’s response to their request for information regarding drive-by property inspections violated the federal Real Estate Settlement Procedures Act (RESPA), and dismissed the remaining state-law…

NY High Court Rules Deficiency Judgment Properly Denied for Lack of Evidence of Property Value

The New York Court of Appeals recently affirmed a trial court’s denial of a motion for deficiency judgment because the lender presented conclusory, insufficient evidence about the value of the property. In so ruling, the Court held that, even with uncontested deficiency motions, a lender…

Maurice Wutscher Opens Boston Office

National financial services law firm Maurice Wutscher LLP has opened a new office in Boston, hiring financial services attorney Brady Hermann to lead the firm’s Massachusetts litigation matters.  This brings the number of offices of Maurice Wutscher LLP to 12. Hermann will practice in the…

Florida Court Rejects Mortgagee’s Attempt to Limit Liability for HOA Dues After Foreclosure

The Florida Second District Court of Appeal recently reversed a trial court’s order in a mortgage foreclosure action limiting the liability of a loan servicer who acquired title by foreclosure for past-due condominium assessments, holding that the trial court lacked subject matter jurisdiction because the…