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.” […]
Author Archive for: RoyDiaz
About Roy Diaz
This author has yet to write their bio.Meanwhile lets just say that we are proud Roy Diaz contributed a whooping 14 entries.
Entries by Roy Diaz
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 […]
The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability for association assessments and liens pursuant to § 718.116(1)(a), Fla. Stat., which pertains to a. Coastal Creek Condo. Ass’n, Inc. v. Fla Tr. Services LLC, 1D18-1457, 2019 WL 3114229, at *1 (Fla. 1st DCA July […]
On June 3, 2019, the United States Supreme Court (“USSC”) granted certiorari relief and weighed in on “the criteria for determining when a court may hold a creditor in civil contempt for attempting to collect a debt that a discharge order has immunized from collection.” Taggart v. Lorenzen. Taggart involved a debtor, Bradley Taggart, and Taggart’s former business […]