Entries by Adam Diaz

FLORIDA DCA REVERSES DISMISSAL | Key Points

Earlier this month the Fourth DCA of Florida reversed dismissal of Lakeview Loan Servicing, LLC’s (“the Bank”) foreclosure complaint. Lakeview Loan Servicing v. Walcott-Barr, 4D19-1582, 2020 WL 6053302, *5 (Fla. 4th DCA October 14, 2020). The DCA found the Bank presented sufficient evidence to show it complied with pertinent HUD regulations which were incorporated into […]

FLORIDA DCA REVERSES DISMISSAL OF FORECLOSURE FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING REQUIREMENT

Earlier this month the Fourth DCA of Florida reversed a circuit court’s dismissal of Lakeview Loan Servicing, LLC’s (“Lakeview” or “the Bank”) foreclosure complaint. Lakeview Loan Servicing v. Walcott-Barri. The DCA found the Bank presented sufficient evidence to show it complied with pertinent HUD regulations, specifically § 203.604(d), so dismissal based on failure to satisfy […]

11th CIRCUIT RESOLVES CONFLICT | Key Points

The US Court of Appeals for the 11th Circuit accepted jurisdiction to resolve a conflict between multiple bankruptcy courts over whether a “threshold showing” of a change in circumstances was necessary before a bankruptcy court could modify a confirmed Chapter 13 bankruptcy plan under 11 U.S.C. § 1329. In Re Guillen, 17-13899, 2020 WL 5015287 […]

11th CIRCUIT RESOLVES CONFLICT AMONG FEDERAL APPELLATE COURTS REGARDING BANKRUPTCY PLAN MODIFICATIONS UNDER 11 USC § 1329

The US Court of Appeals for the 11th Circuit, whose jurisdiction includes the federal district courts of Florida, Georgia and Alabama, accepted jurisdiction to resolve a conflict between multiple bankruptcy courts over whether a “threshold showing” of a change in circumstances was necessary before a bankruptcy court could modify a confirmed Chapter 13 bankruptcy plan […]

FLORIDA COURT REVERSES DISMISSAL | Key Points

Florida’s Second District reversed a judgment of dismissal entered against US Bank and in favor of mortgagor Charles Engle (“Engle”) concluding the lower court erred when it held the bank failed to establish a prima facie case for foreclosure and reformation of the mortgage. U.S. Bank N.A. v. Engle, No. 2D18-3384, 2020 WL 4724511 (Fla. […]

FLORIDA COURT REVERSES DISMISSAL – FINDING BANK ESTABLISHED PRIMA FACIE CASE FOR FORECLOSURE

Florida’s Second District Court of Appeals reversed a judgment of dismissal entered against US Bank and in favor of mortgagor Charles Engle (“Engle”) concluding the lower court erred when it held the bank failed to establish a prima facie case for foreclosure and reformation of the mortgage. U.S. Bank N.A. v. Engle, No. 2D18-3384, 2020 […]

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) […]