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). […]
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 […]
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 […]
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 […]
Earlier this month the Second DCA dismissed an appeal of a final summary judgment of foreclosure based on the statement of intentions the debtor/mortgagor (“Lewis”) filed in his chapter 7 bankruptcy proceedings. Lewis v. Innova Inv. Group, LLC. In Lewis the mortgagor appealed the bank’s final judgment of foreclosure and then the day before the foreclosure sale petitioned […]
The Second DCA recently issued an opinion wherein it agreed with its sister court that a note containing a negative amortization provision is still a negotiable instrument as defined by Florida Statute § 673.104(1) Stacknik v. U.S. Bank Nat’l Ass’n as Tr., MASTR Adjustable Rate Mortgages Tr. 2007-3 Mortgage Pass-Through Certificates, Series 2007-3. In Stacknik, the borrower […]
In the last couple years, Florida DCAs have issued a series of opinions in foreclosure cases that addressed standing issues arising from irregular, incomplete or anomalous indorsements on notes. In this article we will discuss some of those cases and the current state of the law as it pertains to standing derived from a foreclosing […]
Earlier this month the Second DCA dismissed an appeal of a final summary judgment of foreclosure based on the statement of intentions the debtor/mortgagor (“Lewis”) filed in his chapter 7 bankruptcy proceedings. Lewis v. Innova Inv. Group, LLC. In Lewis the mortgagor appealed the bank’s final judgment of foreclosure and then the day before the foreclosure sale petitioned […]
In 2016 the Fourth DCA reversed a mortgagee’s final judgment of foreclosure and dismissed the case due to the mortgagee’s failure to introduce the written loan modification into evidence at trial. Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016). In Rattigan, the original note “capped the principal amount that could be owed at $747,500.” […]
The Fourth DCA reversed a judgment entered in favor of two mortgagors in a Broward County foreclosure action brought by Bank of New York Mellon (“the Bank”) finding the lower court erred when it concluded the bank failed to satisfy conditions precedent. Bank of New York Mellon, etc. v. Withum, 204 So. 3d 136 (Fla. 4th DCA […]
