Legal Insights

Judge James T. Derico, Jr., of the Chancery Division in Cook County recently reconsidered his prior order striking borrower Anthony Andrews’ cross-motion for summary judgment against lender, The Bank of New York Mellon (BNY Mellon). The Bank of New York Mellon, etc., v. Anthony D. Andrews, Cook County Illinois Circuit Court Case No. 2012 CH 41128 (May 19, 2025). Although agreeing to reconsider its prior ruling, the court refused to modify its ruling.

Diaz Anselmo recently celebrated another victory in federal court when Florida’s Eleventh Circuit affirmed the Middle District’s refusal to remove a foreclosure case from circuit court in Osceola County, Florida, to federal court. U.S. Bank, Nat'l Ass'n v. Taveras, No. 23-13384, 2025 U.S. App. LEXIS 11271 (11th Cir. May 9, 2025). Valeria and Eliezer Taveras took out a mortgage in 2006 and defaulted on their loan in 2008. US Bank initiated foreclosure proceedings in 2016.

Both the House and Senate filed proposed bills that would make a minor, but impactful, amendment to § 559.72, F.S., known as the Florida Consumer Collection Practices Act (hereinafter “the Act” or “FCCPA”).

A Hillsborough County judge recently entered summary judgment in favor of creditor, Afterpay US Services (“Afterpay”), dismissing the action filed by Daneshka Balestier Diaz (“Diaz”) finding Diaz lacked standing and Florida’s Consumer Collections Practices Act (“the Act” or “FCCPA”) was inapplicable.

Earlier this month the Illinois Supreme Court adopted a new rule, Rule 300, pertaining to petitions for the recovery of attorneys’ fees, made minor revisions to Rule 795, pertaining to continuing legal education, and made significant amendments to two Rules of Professional Conduct, Rules 1.6 and 7.2, to define and address the relatively recent development of “intermediary connecting services” (ICS) used by attorneys to generate new business.

Last week Florida’s Fourth District reversed a final judgment which involuntarily dismissed Bank of New York Mellon’s (BNYM) foreclosure...

In 2021, the City of Chicago passed an ordinance (“ 2021 Ordinance ”) requiring a demolition permit and payment of a “surcharge” to...

Indiana’s Court of Appeals rendered a helpful opinion in a consumer debt case wherein it found loan records proffered in support of...

In a recent opinion issued by Florida’s First District the Court clarified again that a plaintiff attempting to enforce a debt must prove...

In two recent decisions, the Florida Supreme Court provided notice of revisions it made, effective January 1, 2025, to its procedural...

Our firm is still reveling in last month’s victory wherein the Second DCA reversed a judgment entered in favor of the mortgagors and...

Last month the Macon Division of Georgia’s Middle District dismissed multiple claims filed by mortgagor, Lequita Whitfield, against...

The Third DCA recently affirmed the lower court’s entry of a summary final judgment of foreclosure in favor of Bank of New York Mellon...

Last month Florida’s Fourth DCA affirmed the lower court’s dismissal of an equitable action filed by lender, CSAB, against mortgagors...

Florida’s Second DCA dismissed KAC 2021-1, LLC’s (KAC) complaint filed against American Homes 4 Rent Properties One, LLC, (Landlord or...

Earlier this month Illinois’ Third District affirmed the dismissal of Wells Fargo’s complaint which was the bank’s third attempt to...

After giving the pro se plaintiff (Rivas) five attempts to state a claim for breach of contract, unclean hands and tortious conduct, West...

Last month, the Second Appellate District of Ohio affirmed the dismissal, with prejudice, of a foreclosure complaint filed by tax...

Last month the Eighth Appellate District of Ohio affirmed the lower court’s order denying  Lakeview Loan Servicing, LLC’s (Lakeview)...

In September 2023, a circuit court judge in Cook County, Illinois, Judge William Sullivan, delivered a painful blow to the mortgage...