Florida’s Fourth District recently released a decision in Ober v. Town of Lauderdale-by-the-Sea, contradicting over 20 years of established precedent by ruling that inferior liens are extinguished.
Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite pending mortgage foreclosure July 5, 2016 The Fourth District Court of Appeal set aside its previous ruling and substituted it with their new decision cited as Jallali v.
Notably, three weeks before the Fourth DCA issued the Ortiz decision, a different Fourth DCA panel reversed a foreclosure judgment in Lewis v. U.S. Bank, N.A., Case No. 4D14-815 (Fla. 4th DCA March 9, 2016) in which the endorsements on an allonge to the note were undated, the lender’s witness could not testify when they were placed on the.
Statute of Limitations Update in Florida Foreclosure Actions: Fifth District Court of Appeals Holds that Each Default Creates a New Case of Action. and canceled the note and mortgage. Id. The Fifth DCA reversed the trial court, concluding that, even though five years had passed since the Bank.
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Florida’s Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v.Glass, No. 4D15-4561, following suit with the Third and Fifth DCAs in denying a borrower’s motion for attorney’s fees based on a provision in the subject mortgage after the borrower successfully argued for the dismissal of the foreclosure action on the basis that the plaintiff lacked standing to foreclose.
In the first four months of 2016, Florida’s 4th District Court of Appeals reversed many foreclosure judgments, primarily on standing grounds. In these appellate opinions, the appellate court repeatedly held that the banks failed to prove that they had standing to foreclose when they failed to prove that they had possession of the indorsed original note at the time the complaint was filed.
/ 4th DCA Reverses Dismissal of Foreclosure For Unclean Hands by Borrower Plain English Summary: A woman took out a mortgage, and when the bank filed foreclosure, she raised the defense that the loan application contained false information- mainly the total of her assets and monthly income.
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