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Posts tagged as “Florida”

Fla. Supreme Court Holds Foreclosure Buyer Could Recover for Property Improvements If Sale Was Later Vacated

The Supreme Court of Florida recently held that trial courts have continuing jurisdiction to hear a third party purchaser’s motion to recover the value of repairs and improvements made to property purchased at a foreclosure sale that was later vacated, quashing and reversing the contrary ruling of Florida’s First District Court of Appeal.

Fla. App. Court (2nd DCA) Holds FCCPA Claims for Workplace Injury Bills Not Negated by Workers Comp Law

The District Court of Appeal for the State of Florida, Second District, recently reversed the dismissal of a plaintiff’s Florida Consumer Collection Practices Act claims relating to bills for medical care incurred as a result of a workplace injury. The trial court dismissed the FCCPA claims on the grounds that Florida’s Workers’ Compensation Law (WCL) granted exclusive jurisdiction over any matter concerning reimbursement to the state’s Department of Financial Services. However, the Appellate Court held that section 440.13(11)(c) of the WCL did not preclude trial court jurisdiction over claims against the plaintiff’s medical providers under the FCCPA for claims that…

Fla. Supreme Court Holds Lenders May Pursue Separate Deficiency Action After Foreclosure

The Florida Supreme Court recently resolved a conflict among the state appellate courts. At issue in the case was whether section 702.06, Florida Statutes (2014) permitted lenders to pursue a deficiency claim as a separate action at law even though the foreclosure court had reserved jurisdiction in its final judgment to adjudicate the deficiency claim. The First District Court of Appeal had ruled that a lender could not pursue the deficiency as a separate action at law, which was in conflict with decisions from the Second, Third, Fourth and Fifth District Courts of Appeal. The Florida Supreme Court resolved the…

Fla. App. Court (4th DCA) Holds Borrower Prevailing on ‘Lack of Standing’ Cannot Obtain Attorney’s Fees

The District Court of Appeal of Florida for the Fourth District recently denied a borrower’s motion for appellate attorney’s fees in a contested foreclosure, holding that the reciprocity provision of section 57.105(7), Florida Statutes, does not apply where the borrower prevails based on lack of standing, unless the plaintiff mortgagee was also the original lender. A copy of the opinion in Nationstar Mortgage LLC, etc. v. Marie Ann Glass, et al. is available at: Link to Opinion. The trial court dismissed with prejudice a mortgagee’s amended foreclosure complaint, and the plaintiff mortgagee appealed. The mortgagee voluntarily dismissed the appeal, and…

Fla. App. Court (2nd DCA) Indicates FHA ‘Face-to-Face’ Requirement Applies to ‘Mortgagee and Loan Servicer’

The District Court of Appeal of the State of Florida, Second District, recently reversed a summary judgment award in favor of the borrowers in a foreclosure action, finding a triable issue of material fact existed concerning whether the face-to-face counseling requirements of 24 C.F.R. § 203.604 applied, as the mortgagee did not submit evidence “as to whether the mortgagee and loan servicer had a branch office within 200 miles of the property during the time period before three full monthly installments due on the mortgage went unpaid.” A copy of the opinion in ARC HUD I, LLC v. Ebbert is…

Fla. App. Court (5th DCA) Holds Noncompliance with FHA Requirement Need Not Be Pleaded as Affirmative Defense in Foreclosure

The District Court of Appeal of Florida, Fifth District, recently ruled that a specific denial that a mortgagee complied with HUD’s pre-foreclosure regulations that were incorporated into the mortgage was a denial of a condition precedent to foreclosure that shifted the burden to the mortgagee to prove compliance.

Fla. App. Court (2nd DCA) Rejects Argument Mortgagee Thwarted Right of Redemption by Not Providing Estoppel Letter

The District Court of Appeal of Florida, Second District, recently rejected a borrower’s objection to a foreclosure sale under the theory the mortgagee failed to provide him with an “estoppel letter,” which would have allowed him to exercise his right of redemption. A copy of the opinion is available at:  Link to Opinion. A foreclosure judgement was entered and the property was sold via public sale.  Ten days later, the borrower objected to the sale of the property.  The objection was denied and a certificate of title was issued to the mortgagee. The borrower appealed, arguing that the trial court…

Fla. App. Court (2nd DCA) Holds Trial Court Erred in Denying Deficiency Judgment Due to 6-Day Stale Appraisal

The District Court of Appeal of Florida, Second District, recently reversed an order denying a claim for a post-foreclosure sale deficiency judgment, holding that the trial court abused its discretion by excluding from evidence an expert’s testimony and report as to fair market value because the report was dated six days after the foreclosure sale. A copy of the opinion is available at:  Link to Opinion. A final judgment of foreclosure in the amount of $2.4 million was entered against the borrower company and its principal.  A third party purchased the property at a foreclosure sale for $100.  The third…

Fla. App. Court (4th DCA) Holds Lis Pendens Expires at Judgment of Foreclosure

The District Court of Appeal of Florida, Fourth District, recently held that real property liens arising after a final judgment of foreclosure are not discharged by Florida’s lis pendens statute. A copy of the opinion in Ober v. Town of Lauderdale-by-the-Sea is available at:  Link to Opinion. A mortgagee recorded a lis pendens on real property as part of a foreclosure proceeding against a homeowner. Subsequently, the mortgagee obtained a final judgment of foreclosure. However, the foreclosure sale was not conducted for some four years following entry of the judgment of foreclosure. After the foreclosure, and before the foreclosure sale occurred, the…

Fla. App. Court (4th DCA) Holds Victory Must Be Complete to Obtain Attorney’s Fees Under FDUTPA

The District Court of Appeal of Florida, Fourth District, recently held that in order to recover fees for prevailing on a Florida Deceptive and Unfair Trade Practices Act claim, a party must prevail not only on the FDUTPA claim but also on all pleaded legal theories such that it obtains a judgment in its favor on the entire case. A copy of the opinion in Banner v. Law Office of David J. Stern, P.A. is available at:  Link to Opinion. A borrower filed a lawsuit against a lender’s counsel, alleging that the lender’s counsel’s conduct violated FDUTPA and the Florida Consumer Collection…