Entries by Roy Diaz

FLORIDA’S SECOND DCA REVERSES DISMISSAL | Key Points

Last month Florida’s Second DCA reversed a summary judgment order which dismissed an action on a note filed by multiple lenders (“the Shanks”) against a borrower (“Bergerman”) due to the running of the statute of limitations. Shanks v. Bergerman, 2D20-3431, 2022 WL 257460 (Fla. 2d DCA Jan. 28, 2022). During the summary judgment proceedings, the […]

FLORIDA’S SECOND DCA REVERSES DISMISSAL OF ACTION ON THE NOTE FINDING FACTUAL ISSUES PREVENTED SUMMARY JUDGMENT

Last month Florida’s Second DCA reversed a summary judgment order which dismissed an action on a note filed by multiple lenders (“the Shanks”) against a borrower (“Bergerman”) due to the running of the statute of limitations. Shanks v. Bergerman, 2D20-3431, 2022 WL 257460 (Fla. 2d DCA Jan. 28, 2022). By way of history, in August […]

WRIT OF PROHIBITION AGAINST MIAMI-DADE | Key Points

Bank of New York Mellon (the Bank), Bank of America (BANA), Carrington Mortgage Services (Carrington), and the Bank’s attorney (Callahan) all petitioned the Third DCA for relief from an order to show cause issued by Judge Butchko (Miami Dade County circuit judge) in what the Third DCA described as “a straightforward mortgage foreclosure case.” Carrington […]

FLORIDA COURT GRANTS EXTRAORDINARY REMEDY ISSUING WRIT OF PROHIBITION AGAINST MIAMI-DADE COUNTY JUDGE IN FORECLOSURE MATTER

Bank of New York Mellon (the Bank), Bank of America (BANA), Carrington Mortgage Services (Carrington), and the Bank’s attorney (Callahan) all petitioned the Third DCA for relief from an order to show cause issued by Judge Butchko (Miami Dade County circuit judge) in what the Third DCA described as “a straightforward mortgage foreclosure case.” Carrington […]

THIRD-PARTY VENDORS CONSTITUTE A CONCRETE INJURY FOR PURPOSES | Key Points

Multiple courts throughout the United states are addressing claims brought against debt collectors for alleged violations of § 1692c(b) of the Fair Debt Collections Practices Act (“FDCPA” or the “Act”) and reaching conflicting conclusions. On rehearing, the Eleventh Circuit in Hunstein again concluded that both legislative history and the judgment of Congress favored a finding […]

COURTS DISAGREE ON WHETHER COMMUNICATIONS BETWEEN DEBT COLLECTORS AND THIRD-PARTY VENDORS CONSTITUTE A CONCRETE INJURY FOR PURPOSES OF ARTICLE III STANDING

Multiple courts[i] throughout the United States are addressing claims brought against debt collectors for alleged violations of § 1692c(b) of the Fair Debt Collections Practices Act (“FDCPA” or the “Act”) and reaching conflicting conclusions. We previously discussed § 1692c(b) in our May 2021 eBlast on the Eleventh Circuit’s holding in the Hunstein[ii] case. Since then, […]

FLORIDA COUNTY COURT JUDGE FINDS EVICTION | Key Points

In September 2020 the CDC and HHS issued an agency order (“Agency Order”) temporarily banning residential evictions in the United States to slow the spread of COVID-19. Under the Order Courts are required to stay a residential eviction if the tenant files an affidavit attesting to certain facts. The CDC provided a form affidavit (“CDC […]

OHIO BANKRUPTCY COURT | Key Points

The United States Bankruptcy Court for the Southern District of Ohio recently announced a Mortgage Modification Mediation Program (“MMM Program”) to facilitate negotiations and expedite the settlement process between debtors and creditors within the bankruptcy proceedings. The MMM Program is optional and does not prevent direct negotiations between the debtor and creditor outside of the […]

FLORIDA COURT CLARIFIES | Key Points

Florida’s Third DCA affirmed a foreclosure judgment entered in favor of US Bank National Association (“US Bank” or “the Bank”) finding the Bank proffered competent, substantial evidence that the borrower breached the terms of a modified note and mortgage. 3499 Saraev Properties, LLC v. US Bank Nat’l Ass’n, 3D19-1208, 2020 WL 5032471, at *1 (Fla. […]