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Posts published in January 2016

Florida Court Holds Third Party Purchaser During Foreclosure Had No Standing to Appeal

The District Court of Appeal of Florida, Second District, recently dismissed the appeal of a foreclosure judgment by a third party purchaser of the collateral property, where the third party purchased the collateral property while it was the subject of a foreclosure proceeding and a…

Florida Appellate Court Holds Trial Court Improperly Failed to Dismiss Foreclosure

The District Court of Appeal of the State of Florida, Fifth District, recently held that the trial court erred by denying the borrower’s motion to involuntarily dismiss a foreclosure action, because the plaintiff mortgagee’s counsel failed to properly introduce evidence to reestablish the lost note,…

Florida Court Holds No Equitable Lien by Ratification as to Non-Signing Owners

Florida’s Third District Court of Appeal recently reversed a trial court’s mortgage foreclosure judgment against non-signatory co-owners, holding that ratification did not apply where the non-signatory owners received no benefit from the loan proceeds and did not authorize an attorney-in-fact to sign the mortgage on…

Florida Court Rejects Third Party Record Title Holder’s Attempts to Prevent Foreclosure Sale

The District Court of Appeal of Florida, Second District, recently affirmed the trial court’s denial of a third party record title holder’s motion to cancel a mortgage foreclosure sale, even though the third party movant acquired title in a prior homeowners association lien foreclosure action,…