Entries by Nazish Shah

Fifth DCA | Key Points

The Fifth DCA reversed a summary judgment of foreclosure finding the bank’s evidence failed to establish the bank satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021). Parkin raised failure of conditions precedent as an affirmative defense. In opposition to the bank’s summary judgment motion […]

FLORIDA FIFTH DCA PROVIDES ADDITIONAL GUIDANCE ON EVIDENTIARY REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT IN SUMMARY JUDGMENT PROCEEDINGS

The Florida Fifth DCA reversed a summary judgment of foreclosure finding, Eagle Home Mortgage, LLC (“the bank”), failed to proffer sufficient evidence that it satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021). In Parkin, the borrower responded to the bank’s foreclosure action by filing […]