Entries by Roy Diaz

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 […]

FLORIDA COUNTY COURT JUDGE FINDS EVICTION STAY CONSTITUTED AN UNCONSTITUTIONAL TAKING

In September 2020, the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services (HHS) issued an agency order (“the Agency Order” or “Order”) temporarily banning residential evictionsi in the United States to slow the spread of COVID-19.ii Under the Order Courts are required to stay a residential eviction if […]

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. […]

FLORIDA COURT CLARIFIES EVIDENTIARY REQUIREMENTS FOR FORECLOSING MODIFIED LOAN

Quick but important read! Last month, 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. The […]

FORECLOSURE JUDGMENT NOT VOID | Key Points

Earlier this month the Third DCA affirmed the lower court’s order denying relief from a foreclosure judgment despite the borrower’s assertion that the judgment was void due to procedural deficiencies pertaining to Deutsche Bank’s substitution into the case as the plaintiff. Van Tran v. Deutsche Bank Nat’l Tr. Co., No. 3D19-2215, 2020 WL 4642208 (Fla. […]

FLORIDA DCA FINDS BANK’S FORECLOSURE JUDGMENT NOT VOID DESPITE DEFICIENCY WITH COMPLAINT

Earlier this month the Third DCA affirmed the lower court’s order denying relief from a foreclosure judgment despite the borrower’s assertion that the judgment was void due to procedural deficiencies pertaining to Deutsche Bank’s substitution into the case as the plaintiff. Van Tran v. Deutsche Bank Nat’l Tr. Co.i In Van Tran, the initial plaintiff, […]

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 […]