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SUBSTITUTED PLAINTIFF ESTABLISHED STANDING AT THE TIME OF JUDGMENT BY SURRENDER OF THE BLANKLY ENDORSED NOTE EVEN THOUGH IT REMAINED IN COURT FILE
Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.)…
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COURT REVERSES DISMISSAL | Key Points
Last month the Third DCA reversed the lower court’s dismissal…
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COURT REVERSES DISMISSAL AND ENTERS JUDGMENT FOR BANK FINDING BANK HAD STANDING TO ENFORCE LOST NOTE
Last month the Third DCA reversed the lower court’s dismissal…
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FLORIDA COURT FINDS MORTGAGE TERMS PROVIDE FOR RECOVERY OF BANK’S ATTORNEYS’ FEES FOR PRIOR UNSUCCESSFUL FORECLOSURE
The Fifth District Court of Appeals (“Fifth DCA”) rendered…
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COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM
This month the Sixth Circuit Court of Appeals affirmed the District…
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FLORIDA COURT FINDS MORTGAGE TERMS | Key Points
The Fifth DCA recently reversed a judgment entered in favor…
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COURT PROVIDES FAVORABLE GUIDANCE | Key Points
The Sixth Circuit Court of Appeals affirmed the District…
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UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT
Earlier this month the Second DCA dismissed an appeal of a final…
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COURT CLARIFIES REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT & EXPLAINS NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY OF NOTE
The Second DCA recently issued an opinion wherein it agreed with…
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FLORIDA DCA OPINIONS DEMONSTRATE THE IMPORTANCE OF PROPER INDORSEMENTS ON NEGOTIABLE INSTRUMENTS
In the last couple years, Florida DCAs have issued a series of…