Entries by Adam Diaz

FLORIDA COURT REVERSES BANK’S | Key Points

Last month, the Fourth DCA reversed a foreclosure judgment entered in favor of US Bank finding the bank failed to offer sufficient proof of standing and failed to reestablish the lost note. Lewis v. US Bank Nat’l Ass’n, No. 4D19-942, 2020 WL 3261407, at *1 (Fla. 4th DCA June 17, 2020). In Lewis, Bank of […]

DCA FINDS BORROWER WAIVED | Key Points

The Fourth DCA found dismissal of a bank’s (“BOA” or “the Bank”) foreclosure improper under 24 C.F.R. § 203.604 based on an exception to the rule. Section 203.604 applies to FHA backed loans and requires a mortgagee “have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before […]

DCA FINDS BORROWER WAIVED PRE-FORECLOSURE RIGHT TO FACE-T0-FACE MEETING

In 2019, Bank of America (“BOA” or “the Bank”) appealed the involuntary dismissal of its foreclosure action. The lower court dismissed BOA’s action because it found the Bank failed to conduct a face-to-face meeting with the borrowers prior to foreclosing as required by 24 C.F.R. § 203.604. Section 203.604 applies to Federal Housing Administration (FHA) […]

SUBSTITUTED PLAINTIFF ESTABLISHED STANDING | Key Points

Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.) celebrated a big win for their client last week when the Fourth DCA reversed a judgment of dismissal previously rendered in favor of the borrowers in a foreclosure action. Wilmington Savings Fund Society, FSB v. Stevens, 4D19-585, 2020 WL 698706 (Fla. 4th DCA February 12, 2020). […]

SUBSTITUTED PLAINTIFF ESTABLISHED STANDING AT THE TIME OF JUDGMENT BY SURRENDER OF THE BLANKLY ENDORSED NOTE EVEN THOUGH IT REMAINED IN COURT FILE

Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.) celebrated a big win for their client last week when the Fourth DCA reversed a judgment of dismissal previously rendered in favor of the borrowers, Charles and Lesley Stevens (“the Borrowers”). Wilmington Savings Fund Society, FSB v. Stevens. The Fourth DCA concluded the lower court erred […]