FEDERAL COURT FINDS LOAN ORIGINATOR IS NOT A DEBT COLLECTOR AS DEFINED BY THE FDCPA

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The Eleventh Circuit Court of Appeals recently affirmed the district…

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…