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ILLINOIS’ SECOND DISTRICT FINDS “NEW DEFAULT RULE” DOES NOT APPLY TO PREVENT DISMISSAL OF FORECLOSURE ACTION
Earlier this month Illinois’ Third District affirmed the dismissal of Wells Fargo’s complaint which was the bank’s third attempt to...

Diaz | Anselmo
Nov 24, 20245 min read


FLORIDA TRIAL COURT FINALLY DISMISSES PRO SE COMPLAINT WITH PREJUDICE
After giving the pro se plaintiff (Rivas) five attempts to state a claim for breach of contract, unclean hands and tortious conduct, West...

Diaz | Anselmo
Nov 24, 20242 min read


OHIO APPELLATE COURT FINDS STATUTE OF LIMITATIONS BARRED FORECLOSURE OF TAX LIEN
Last month, the Second Appellate District of Ohio affirmed the dismissal, with prejudice, of a foreclosure complaint filed by tax...

Diaz | Anselmo
Nov 24, 20244 min read


OHIO APPELLATE COURT REFUSES TO REIMBURSE MORTGAGEE FOR $12,000+ IN ADVANCES FOR CONDOMINIUM DUES
Last month the Eighth Appellate District of Ohio affirmed the lower court’s order denying Lakeview Loan Servicing, LLC’s (Lakeview)...

Diaz | Anselmo
Oct 29, 20244 min read


ON RECONSIDERATION COOK COUNTY JUDGE AGAIN DEEMS $500,000+ NOTE UNENFORCEABLE & REQUIRES RELEASE OF MORTGAGE
In September 2023, a circuit court judge in Cook County, Illinois, Judge William Sullivan, delivered a painful blow to the mortgage...

Diaz | Anselmo
Oct 29, 20245 min read


OHIO COURT REFUSES TO GRANT HEIR RELIEF FROM FORECLOSURE JUDGMENT
The Eighth District Court of Appeals recently affirmed the decision of the trial court which refused an heir’s request for post-judgment...

Diaz | Anselmo
Oct 29, 20243 min read


ILLINOIS COURT AFFIRMS ORDER ALLOWING SALE OF REAL PROPERTY FREE OF MORTGAGE LIEN PRIORITIZING PAYMENT OF TAXES & ADMINISTRATOR’S FEES
The Second District Appellate Court of Illinois just affirmed a costly ruling wherein a circuit court in Lake County, Illinois, refused...

Diaz | Anselmo
Oct 29, 20244 min read


FLORIDA APPELLATE COURT FINDS APPEAL UNTIMELY & BORROWER’S SUCCESSIVE POST-JUDGMENT MOTIONS IMPROPER
Diaz Anselmo & Associates celebrated another big win last month when Florida’s Second DCA affirmed US Bank’s final judgment of...

Diaz | Anselmo
Sep 24, 20243 min read


FLORIDA’S APPELLATE COURT DISTINGUISHES REVERSE MORTGAGES & AFFIRMS DISMISSAL OF FORECLOSURE BASED ON RES JUDICATA
Earlier this month, Florida’s Fifth DCA rendered a surprising opinion wherein it affirmed dismissal of a second attempt to foreclose a...

Diaz | Anselmo
Sep 23, 20243 min read


ILLINOIS APPELLATE COURT DISMISSES FORECLOSURE ACTION AGAINST BONAFIDE PURCHASER & BONAFIDE MORTGAGEE
Illinois’ First District Appellate Court affirmed the dismissal of a foreclosure action filed by the purchase money mortgagee finding the...

diazanselmo
Sep 23, 20244 min read


FLORIDA DCA AFFIRMS AWARD OF LENDER’S POST JUDGMENT EXPENDITURES
Last month, Florida’s Fourth DCA affirmed an order which authorized the reimbursement of various expenses incurred by the...

Diaz | Anselmo
Aug 16, 20242 min read


OHIO COURT OF APPEALS ACKNOWLEDGES PRECEDENT & REVERSES FORECLOSURE JUDGMENT FOR FAILURE OF CONDITIONS PRECEDENT
Earlier this month Ohio’s First District appellate court reversed a summary judgment of foreclosure finding the bank failed to comply...

diazanselmo
Aug 16, 20242 min read


FLORIDA LEGISLATURE ENACTS MANDATORY FLOOD DISCLOSURES IN SALE OF REAL PROPERTY
Effective October 1, 2024, new Florida Statute § 689.302 [i] will require those selling real property in Florida to disclose flood risks...

Diaz | Anselmo
Aug 16, 20241 min read


DIAZ ANSELMO & ASSOCIATES NEGOTIATES A SIGNIFICANT REDUCTION IN COSTLY CRIMINAL CHARGES & FINES ASSOCIATED WITH OHIO PROPERTIES
The U.S. Department of Housing and Urban Development (“HUD”) created the Office of Lead Hazard Control and Healthy Homes to help “develop...

Diaz | Anselmo
Jul 31, 20242 min read


INDIANA APPELLATE COURT AFFIRMS JUDGMENT WHICH LIMITED DAMAGES AND ATTORNEYS’ FEES IN FORECLOSURE JUDGMENT
The Court of Appeals of Indiana affirmed a circuit court judgment wherein the trial court refused to award the lender, Frank Garber,...

Diaz | Anselmo
Jul 31, 20244 min read


ILLINOIS APPELLATE COURT FINDS BANK HAD STANDING AS NOTE HOLDER & AFFIRMS FORECLOSURE JUDGMENT
Diaz Anselmo & Associates and Fifth Third Bank celebrated a victory earlier this month when the First District Appellate Court of...

Diaz | Anselmo
Jul 31, 20243 min read


U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT AFFIRMS DECISION REJECTING DEBTOR’S CHAPTER 11 PLAN TO MODIFY SECURED DEBT
The Eleventh Circuit recently affirmed a decision by the bankruptcy court which rejected a debtor’s reorganization plan under Chapter 11...

Diaz | Anselmo
Jun 25, 20242 min read


AMENDMENTS TO RULE 1.510 ALIGN FLORIDA’S SUMMARY JUDGMENT STANDARD WITH THE FEDERAL STANDARD
Effective the first of this month, Florida’s summary final judgment standard under Fla. R. Civ. P. 1.510 now aligns with the federal...

Diaz | Anselmo
Jun 20, 20242 min read


WISCONSIN CIRCUIT COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF LENDER – REJECTING BORROWERS’ STANDING AND LACHES DEFENSES
Earlier this month a circuit court in Milwaukee County granted Wilmington Savings Fund Society’s (“Wilmington”) summary judgment motion...

Diaz | Anselmo
May 29, 20243 min read


No Probate, No Problem – Fourth DCA Reverses Prior Decision in Desbrunes
Today, the Fourth DCA issued a renewed opinion in Desbrunes v. U.S. Bank, N.A ., as Trustee , holding that a Personal Representative is...

Diaz | Anselmo
May 8, 20241 min read
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