Entries by Roy Diaz

FLORIDA SUPREME COURT CLARIFIES REQUIREMENTS | Key Points

The Florida Supreme Court accepted jurisdiction to resolve a certified conflict between the Fourth and Second DCAs regarding what testimony a qualified witness must proffer in order to lay the foundation for admission of business records, initially identified as hearsay, in a foreclosure matter. Jackson v. Household Fin. Corp. III, No. SC18-357, 2020 WL 3580036 […]

FLORIDA SUPREME COURT CLARIFIES REQUIREMENTS FOR ADMISSION OF BUSINESS RECORDS UNDER HEARSAY EXCEPTION

Earlier this month the Florida Supreme Court weighed in on an evidentiary issue involving the admissibility of a bank’s business records under an exception to the hearsay rulei. Jackson v. Household Fin. Corp. III, No. SC18-357, 2020 WL 3580036 (Fla. July 2, 2020). The Florida Supreme Court accepted jurisdiction to resolve a certified conflict between […]

FLORIDA SECOND DCA REVERSES | Key Points

In March this year the Second DCA issued a detailed twenty-page opinion on what seemed to be a very simple foreclosure case dealing with the issue of conditions precedent. Mace v. M&T Bank, No. 2D16-3381, 2020 WL 1444996 (Fla. 2d DCA Mar. 25, 2020). The dispositive issue in the case and the sole issue addressed […]

FLORIDA SECOND DCA REVERSES FORECLOSURE JUDGMENT & DISMISSES CASE BASED ON ERRONEOUS EVIDENTIARY RULING SETTING UNFAVORABLE PRECEDENT

In March this year, the Second DCA issued a detailed twenty-page opinion on what seemed to be a very simple foreclosure case dealing with the issue of conditions precedent. Mace v. M&T Bank. In Mace, Kenneth and Janice Mace (“the Borrowers”) failed to pay their mortgage so M&T Bank (“the Bank”) initiated foreclosure proceedings against […]

FEDERAL COURT FINDS LOAN ORIGINATOR | Key Points

The Eleventh Circuit Court of Appeals recently affirmed the district court’s dismissal of a complaint seeking relief against JP Morgan Chase Bank (“Chase”) and its attorney under the Federal Debt Collection Practices Act (“FDCPA” or “the Act”). Anderman v. JP Morgan Chase Bank, Nat’l Ass’n, No. 19-13734, 2020 WL 639209 (11th Cir. Feb. 11, 2020). […]

FEDERAL COURT FINDS LOAN ORIGINATOR IS NOT A DEBT COLLECTOR AS DEFINED BY THE FDCPA

The Eleventh Circuit Court of Appeals recently affirmed the district court’s dismissal of a complaint seeking relief against JP Morgan Chase Bank (“Chase”) and its attorney under the Federal Debt Collection Practices Act (“FDCPA” or “the Act”) for alleged violations of § 1692 of the Act. Anderman v. JP Morgan Chase Bank, Nat’l Ass’n, (11th […]

COURT REVERSES DISMISSAL | Key Points

Last month the Third DCA reversed the lower court’s dismissal of a two-count complaint seeking foreclosure and reestablishment of a lost note against Florida Kalanit, a subsequent title owner, and others. HSBC Bank v. HSBC Bank USA, Nat’l Ass’n v. Florida Kalanit 770 LLC, 45 Fla. L. Weekly D54 (Fla. 3d DCA Jan. 2, 2020). […]

COURT REVERSES DISMISSAL AND ENTERS JUDGMENT FOR BANK FINDING BANK HAD STANDING TO ENFORCE LOST NOTE

Last month the Third DCA reversed the lower court’s dismissal of a foreclosure action filed by HSBC Bank USA, National Association (“HSBC” or “the Bank”) against the borrowers and a subsequent title holder, Florida Kalanit 770 LLC (“Florida Kalanit”). HSBC Bank v. HSBC Bank USA, Nat’l Ass’n v. Florida Kalanit. HSBC filed a two-count complaint […]

FLORIDA COURT FINDS MORTGAGE TERMS PROVIDE FOR RECOVERY OF BANK’S ATTORNEYS’ FEES FOR PRIOR UNSUCCESSFUL FORECLOSURE

The Fifth District Court of Appeals (“Fifth DCA”) rendered a decision wherein it reversed a judgment for the borrower, Patricia Leigh (“Leigh”), and ordered the lower court to enter judgment for US Bank, the mortgagee. U.S. Bank Trust, N.A., as Trustee for LSF9 Master participation Trust v. Patricia Maria Cozza Leigh. In Leigh, US Bank […]

FLORIDA COURT FINDS MORTGAGE TERMS | Key Points

The Fifth DCA recently reversed a judgment entered in favor of a borrower, Leigh, against its mortgagee, US Bank. S. Bank Trust, N.A., as Trustee for LSF9 Master participation Trust v. Patricia Maria Cozza Leigh, Case No. 5D17-2967, 44 Fla. L. Weekly D2914 (Fla. 5th DCA December 6, 2019). In Leigh, the trial court found […]