Legal Insights

Florida’s Sixth DCA reversed the trial court’s order refusing to evict mortgagors, Ana Diaz-Pichardo and Alejandro Pichardo (the “Pichardos”), from their real property, which was subsequently sold to Upland Ventures, Inc., at a foreclosure sale. Upland Ventures, Inc. v. Diaz-Pichardo HSBC Bank USA, N.A., 2025 Fla. App. LEXIS 6257, *1 (Fla. 6th DCA August 15, 2025).

Illinois’ Fourth District Appellate Court recently affirmed a foreclosure judgment entered in favor of US Bank on summary judgment and confirmed the subsequent foreclosure sale finding the borrowers’ (John and Nancy Stachewicz) challenges to both to be meritless. U.S. Bank Nat'l Ass'n v. Stachewicz, 2025 IL App (4th) 241504-U.

Illinois’ First District Court of Appeals recently affirmed an order dismissing BMO Bank’s (“BMO”) action to foreclose a mortgage which secured a $100,000 line of credit (“LOC”) issued in favor of James Zbroszczyk. BMO Bank N.A. v. Zbroszczyk, 2025 IL App (1st) 241333 (June 18, 2025). The equity LOC was a revolving line which allowed Zbroszczyk to draw up to $100,000 and make re-occurring draws on any amounts he paid back as long as he did not exceed the $100,000 LOC.

In what the court identified as an OTAC (“Order to Advance Cause”), at least one circuit court judge in Palm Beach County is requiring plaintiffs to “take action” to advance their case by either having an “answer filed” or obtaining defaults within a 14-day window from issuance of the OTAC. Although it is in the plaintiff’s best-interest to move a case forward as quickly and efficiently as possible, the 14-day timeframe set by the court is problematic for several reasons.

Florida’s Fourth DCA recently reversed an order involuntarily dismissing Bank of New York Mellon’s (“BNY Mellon” or “Bank”) foreclosure finding the trial court erred when it concluded BNY Mellon lacked standing to bring suit. Bank of N.Y. Mellon v. Cohen, No. 4D2023-2793, 2025 Fla. App. LEXIS 4250 (Fla. 4th DCA June 4, 2025).

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...