Entries by Adam Diaz

FLORIDA SUPREME COURT REINFORCES | Key Points

Last month the Florida Supreme Court held the bank was entitled to foreclose its reverse mortgage despite the fact the co-mortgagor still resided at the property. WVMF Funding v. Palmero, 2021 WL 2583960 (Fla. June 24, 2021). The Court refused to deviate from its established precedent which prioritized the terms of the note in the […]

FEDERAL APPELLATE COURT EXPANDS FDCPA | Key Points

Last month the U.S. Court of Appeals for the Eleventh Circuit clarified and effectively expanded provisions of the Fair Debt Collection Practices Act (“FDCPA”) in Hunstein v. Preferred Collection & Mgmt. Services, Inc., 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21, 2021). In Hunstein, a consumer debt collector (“Preferred”) hired a third-party company (“Compumail”) to […]

FEDERAL APPELLATE COURT EXPANDS FDCPA PROTECTIONS

Last month the U.S. Court of Appeals for the Eleventh Circuit clarified and effectively expanded provisions of the Fair Debt Collection Practices Act (“FDCPA”) in Hunstein v. Preferred Collection & Mgmt. Services, Inc., 19-14434, 2021 WL 1556069 (11th Cir. Apr. 21, 2021). In Hunstein, the debtor (Hunstein) incurred debt due to medical treatment his son […]

FLORIDA DCA CLARIFIES | Key Points

Wells Fargo Bank filed foreclosure proceedings against Hartz based on non-payment of Hartz’s VA insured mortgage. Hartz v. Wells Fargo Bank, N.A., 1D19-759, 2021 WL 1439732, at *1 (Fla. 1st DCA Apr. 16, 2021). Hartz pled that the Bank failed to comply with federal regulations which pertained to VA insured loans and which regulations created […]

FLORIDA SUPREME COURT FINDS ATTORNEYS’ FEES | Key Points

Last month the Florida Supreme Court found borrower Terri Page was entitled to attorneys’ fees against her lender (“Deutsche Bank” or “the Bank”) even though Page successfully established at trial that the Bank lacked standing to foreclose. Page v. Deutsche Bank Tr. Co. Americas, SC19-1137, 2020 WL 7778183 (Fla. Dec. 31, 2020). By way of […]

FLORIDA SUPREME COURT FINDS ATTORNEYS’ FEES AVAILABLE TO MORTGAGOR EVEN IF BANK LACKED STANDING TO FORECLOSE

Last month, in a highly anticipated decision from the Florida Supreme Court, the Court found borrower Terri Page was entitled to attorneys’ fees against her lender (“Deutsche Bank” or “the Bank”) even though Page successfully established at trial that the Bank lacked standing to foreclose. Page v. Deutsche Bank Tr. Co. Americas, SC19-1137i. In Page, […]

FLORIDA COURT AFFIRMED | Key Points

Florida’s Second DCA recently affirmed a foreclosure judgment entered in favor of Wells Fargo Bank despite allegations that the Bank failed to comply with conditions precedent by failing to conduct a face-to-face meeting as required by 24 C.F.R. § 203.604 prior to initiating foreclosure. Kuhnsman v. Wells Fargo Bank, N.A., 45 Fla. L. Weekly D2449 […]

FLORIDA COURT AFFIRMED FORECLOSURE JUDGMENT FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING

Florida’s Second DCA recently affirmed a foreclosure judgment entered in favor of Wells Fargo Bank, N.A. (“Wells Fargo” or “the Bank”) despite allegations that the Bank failed to comply with conditions precedent by failing to conduct a face-to-face meeting prior to initiating foreclosure. Kuhnsman v. Wells Fargo Bank, N.A., 45 Fla. L. Weekly D2449 (Fla. […]