SUBSTITUTED PLAINTIFF ESTABLISHED STANDING AT THE TIME OF JUDGMENT BY SURRENDER OF THE BLANKLY ENDORSED NOTE EVEN THOUGH IT REMAINED IN COURT FILE

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Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.)…

COURT REVERSES DISMISSAL AND ENTERS JUDGMENT FOR BANK FINDING BANK HAD STANDING TO ENFORCE LOST NOTE

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Last month the Third DCA reversed the lower court’s dismissal…

FLORIDA COURT FINDS MORTGAGE TERMS PROVIDE FOR RECOVERY OF BANK’S ATTORNEYS’ FEES FOR PRIOR UNSUCCESSFUL FORECLOSURE

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The Fifth District Court of Appeals (“Fifth DCA”) rendered…

COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM

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This month the Sixth Circuit Court of Appeals affirmed the District…

UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT

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Earlier this month the Second DCA dismissed an appeal of a final…

COURT CLARIFIES REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT & EXPLAINS NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY OF NOTE

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The Second DCA recently issued an opinion wherein it agreed with…

FLORIDA DCA OPINIONS DEMONSTRATE THE IMPORTANCE OF PROPER INDORSEMENTS ON NEGOTIABLE INSTRUMENTS

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In the last couple years, Florida DCAs have issued a series of…

DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT

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Earlier this month the Second DCA dismissed an appeal of a final…

REQUIREMENTS FOR FORECLOSING A MODIFIED LOAN IN FLORIDA

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In 2016 the Fourth DCA reversed a mortgagee’s final judgment…

REDEMAND NOT NECESSARY EVEN AFTER BANK ACCEPTS PARTIAL PAYMENTS

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The Fourth DCA reversed a judgment entered in favor of two mortgagors…