Seems that Florida Courts (except 3rd DCA) GET IT!

  • Foreclosure/Standing: where endorsements on allonge to note undated and bank’s witness could not testify when endorsements placed on allonge, bank’s reliance on a pooling and servicing agreement to prove standing insufficient – Lewis v. U.S. Bank Nat’l Ass’n, Case No. 4D14–815 (Fla. 4th DCA Mar. 9, 2016) (reversed and remanded).
  • Foreclosure: plaintiff failed to authenticate loan payment history, failed to lay foundation for admission of its business records and failed to prove amount of interest owed by borrower –McNair v.  Nationstar Mortgage, LLC, et al., No. 5D14–4140 (Fla. 5th  DCA March 18, 2016) (appeal affirmed).
  • Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not establish substitute plaintiff’s standing at time of trial –  Geweye v. Ventures Trust 2013–I–H–R et al., No. 2D14–4668 (Fla. 2d  DCA March 16, 2016) (reversed and remanded).
  • Foreclosure/Deficiency: lender’s cross–appeal from trial court’s refusal to allow lender to pursue deficiency judgment not ripe where lender not yet attempted to obtain deficiency judgment and sale price not yet established – Shaffer v.  Wells Fargo Bank, N.A., et al., No. 5D15–407 (Fla. 5th  DCA March 18, 2016) (affirmed; cross–appeal dismissed)
  • Foreclosure/Paragraph 22: bank’s default notice substantially complied with paragraph twenty–two of borrower’s mortgage – Bank of New York, etc. v. Mieses, No. 3D15–2042 (Fla. 3rd  DCA March 16, 2016) (reversed and remanded).
  • Foreclosure/Conditions Precedent: lender’s substantial compliance with mortgage’s paragraph 22 notice of default provision adequate to satisfy mortgage’s condition precedent to bringing foreclosure suit – Lopez v. JPMorgan Chase Bank, N.A., Case No. 4D14–4504 (Fla. 4th DCA Mar. 9, 2016) (affirmed)
  • Foreclosure/Conditions Precedent: lender’s substantial compliance with subject mortgage’s paragraph 22 notice of default provision adequate to satisfy mortgage’s condition precedent to bringing foreclosure suit, especially where borrower not prejudiced by any language variation –Ortiz v. PNC Bank, N.A., Case Nos. 4D15–242 (Fla. 4th DCA Mar. 9, 2016) (affirmed)
Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s