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FLORIDA’S FOURTH DCA PUTS AN END TO CHALLENGES TO STANDING BASED ON ALLEGED INVALIDITY OF SIGNATURES ON THIRD PARTY CONTRACTS
Last week Florida’s Fourth District reversed a final judgment which involuntarily dismissed Bank of New York Mellon’s (BNYM) foreclosure...
Feb 243 min read
6 views


CHICAGO PASSES ORDINANCE INCREASING SURCHARGES FOR DEMOLITION AND EXPANDING AREAS AFFECTED BY THE ORDINANCE
In 2021, the City of Chicago passed an ordinance (“ 2021 Ordinance ”) requiring a demolition permit and payment of a “surcharge” to...
Feb 242 min read
13 views


INDIANA COURT DISCUSSES HEARSAY EXCEPTION AS IT PERTAINS TO THE ADMISSIBILITY OF PRIOR SERVICERS’ LOAN RECORDS
Indiana’s Court of Appeals rendered a helpful opinion in a consumer debt case wherein it found loan records proffered in support of...
Feb 193 min read
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FLORIDA’S FIRST DCA WEIGHS IN ON STANDING AND FRIVOLOUS PRO SE FILINGS IN TWO SHORT OPINIONS
In a recent opinion issued by Florida’s First District the Court clarified again that a plaintiff attempting to enforce a debt must prove...
Feb 191 min read
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FLORIDA MAKES MULTIPLE AMENDMENTS TO ITS PROCEDURAL RULES
In two recent decisions, the Florida Supreme Court provided notice of revisions it made, effective January 1, 2025, to its procedural...
Jan 294 min read
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DIAZ ANSELMO & ASSOCIATES CELEBRATES A BIG WIN ON THE ISSUE OF STANDING IN A LOST NOTE CASE
Our firm is still reveling in last month’s victory wherein the Second DCA reversed a judgment entered in favor of the mortgagors and...
Jan 293 min read
3 views


DISTRICT COURT IN GEORGIA DISMISSES MORTGAGOR’S DEBT COLLECTION CLAIMS
Last month the Macon Division of Georgia’s Middle District dismissed multiple claims filed by mortgagor, Lequita Whitfield, against...
Jan 293 min read
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DIAZ ANSELMO & ASSOCIATES CELEBRATES ANOTHER APPELLATE WIN BASED ON PROCEDURAL DEFICIENCIES WITH BORROWERS’ APPEAL
The Third DCA recently affirmed the lower court’s entry of a summary final judgment of foreclosure in favor of Bank of New York Mellon...
Jan 292 min read
8 views


FLORIDA APPELLATE COURT AGREES LENDER WAS COLLATERALLY ESTOPPED FROM SEEKING EQUITABLE RELIEF
Last month Florida’s Fourth DCA affirmed the lower court’s dismissal of an equitable action filed by lender, CSAB, against mortgagors...
Jan 292 min read
9 views


FLORIDA APPELLATE COURT DISMISSES COMPLAINT FINDING LITIGATION PRIVILEGE DEFEATED TENANT’S FCCPA CLAIM
Florida’s Second DCA dismissed KAC 2021-1, LLC’s (KAC) complaint filed against American Homes 4 Rent Properties One, LLC, (Landlord or...
Nov 24, 20243 min read
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ILLINOIS’ SECOND DISTRICT FINDS “NEW DEFAULT RULE” DOES NOT APPLY TO PREVENT DISMISSAL OF FORECLOSURE ACTION
Earlier this month Illinois’ Third District affirmed the dismissal of Wells Fargo’s complaint which was the bank’s third attempt to...
Nov 24, 20245 min read
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FLORIDA TRIAL COURT FINALLY DISMISSES PRO SE COMPLAINT WITH PREJUDICE
After giving the pro se plaintiff (Rivas) five attempts to state a claim for breach of contract, unclean hands and tortious conduct, West...
Nov 24, 20242 min read
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OHIO APPELLATE COURT FINDS STATUTE OF LIMITATIONS BARRED FORECLOSURE OF TAX LIEN
Last month, the Second Appellate District of Ohio affirmed the dismissal, with prejudice, of a foreclosure complaint filed by tax...
Nov 24, 20244 min read
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OHIO APPELLATE COURT REFUSES TO REIMBURSE MORTGAGEE FOR $12,000+ IN ADVANCES FOR CONDOMINIUM DUES
Last month the Eighth Appellate District of Ohio affirmed the lower court’s order denying Lakeview Loan Servicing, LLC’s (Lakeview)...
Oct 29, 20244 min read
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ON RECONSIDERATION COOK COUNTY JUDGE AGAIN DEEMS $500,000+ NOTE UNENFORCEABLE & REQUIRES RELEASE OF MORTGAGE
In September 2023, a circuit court judge in Cook County, Illinois, Judge William Sullivan, delivered a painful blow to the mortgage...
Oct 29, 20245 min read
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OHIO COURT REFUSES TO GRANT HEIR RELIEF FROM FORECLOSURE JUDGMENT
The Eighth District Court of Appeals recently affirmed the decision of the trial court which refused an heir’s request for post-judgment...
Oct 29, 20243 min read
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ILLINOIS COURT AFFIRMS ORDER ALLOWING SALE OF REAL PROPERTY FREE OF MORTGAGE LIEN PRIORITIZING PAYMENT OF TAXES & ADMINISTRATOR’S FEES
The Second District Appellate Court of Illinois just affirmed a costly ruling wherein a circuit court in Lake County, Illinois, refused...
Oct 29, 20244 min read
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FLORIDA APPELLATE COURT FINDS APPEAL UNTIMELY & BORROWER’S SUCCESSIVE POST-JUDGMENT MOTIONS IMPROPER
Diaz Anselmo & Associates celebrated another big win last month when Florida’s Second DCA affirmed US Bank’s final judgment of...
Sep 24, 20243 min read
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FLORIDA’S APPELLATE COURT DISTINGUISHES REVERSE MORTGAGES & AFFIRMS DISMISSAL OF FORECLOSURE BASED ON RES JUDICATA
Earlier this month, Florida’s Fifth DCA rendered a surprising opinion wherein it affirmed dismissal of a second attempt to foreclose a...
Sep 23, 20243 min read
3 views


ILLINOIS APPELLATE COURT DISMISSES FORECLOSURE ACTION AGAINST BONAFIDE PURCHASER & BONAFIDE MORTGAGEE
Illinois’ First District Appellate Court affirmed the dismissal of a foreclosure action filed by the purchase money mortgagee finding the...
Sep 23, 20244 min read
3 views
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