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FLORIDA LEGISLATURE PASSES BILL TO PROTECT RESIDENTIAL PROPERTY OWNERS FROM SQUATTERS
Last month Governor DeSantis signed House Bill 621 into law which authorizes the sheriff, at the request of a property owner, to...

Diaz | Anselmo
May 1, 20242 min read


FLORIDA DCA FINDS RES JUDICATA PREVENTED LENDER FROM REFILING BREACH OF GUARANTEE CLAIM AGAINST GUARANTOR
Florida’s Fourth DCA recently reversed a final judgment entered in favor of Readycap Lending, LLC (“Readycap”) on its claim for breach of...

Diaz | Anselmo
Mar 29, 20243 min read


WISCONSIN BANKRUPTCY COURT REJECTS DEBTOR’S ATTEMPT TO INCLUDE PROPERTY OWNED BY DECEASED PARENTS IN CHAPTER 13 PLAN
Wisconsin’s Eastern District bankruptcy court refused to confirm a chapter 13 plan wherein the debtor (Sean Higgins) proposed to make...

Diaz | Anselmo
Mar 29, 20243 min read


Florida Appellate Court Reversed Foreclosure Judgment against Mortgagor Holder Holding a Probate is Required to Complete a Foreclosure
Florida’s Fourth Appellate District reversed a foreclosure judgment with a ground breaking decision creating additional steps to...

Diaz | Anselmo
Mar 1, 20242 min read


FLORIDA APPELLATE COURT AFFIRMS ORDER QUIETING TITLE AGAINST MORTGAGE HOLDER IN FAVOR OF PURCHASER PURCHASER PENDENTE LITE
Florida’s Fourth Appellate District recently affirmed a judgment which quieted title against U.S. Bancorp (“Bancorp”) in favor of...

Diaz | Anselmo
Feb 20, 20243 min read


INDIANA APPELLATE COURT DISMISSES APPEAL OF ORDER DENYING SUPPLEMENTAL PROCEEDINGS BASED ON PROCEDURAL DEFICIENCY
The Court of Appeals of Indiana recently dismissed an appeal filed by H & S Financial, Inc. (“H&S”) which sought to challenge an order...

Diaz | Anselmo
Jan 25, 20242 min read


ILLINOIS APPELLATE COURT AFFIRMS SUMMARY JUDGMENT OF FORECLOSURE DESPITE BORROWER’S AGENCY COMPLAINTS WITH OCC AND CFPB
Illinois’ First District recently affirmed a summary judgment of foreclosure in favor of Wilmington Sav. Fund Soc’y, FSB (“Wilmington”)...

Diaz | Anselmo
Jan 24, 20243 min read


NEW TREND DEVELOPINGING IN FLORIDA AFFECTING NON-CONVENTIONAL, NON-NEGOTIABLE LOAN INSTRUMENTS
A local circuit court in Broward County recently granted summary judgment for the borrower’s estate in a proceeding to foreclose a Home...

Diaz | Anselmo
Jan 24, 20243 min read


ILLINOIS APPELLATE COURT AFFIRMS JUDGMENT FOR BANK EXPUNGING ERRONEOUS RELEASE OF $1.5 MILLION MORTGAGE
Earlier this month, Illinois’ First District Appellate Court issued an opinion wherein it affirmed a summary judgment of foreclosure in...

Diaz | Anselmo
Dec 27, 20234 min read


FLORIDA BAR PUBLISHES ADVISORY OPINION REGARDING AI
On November 13, 2023, the Florida Bar issued a Proposed Advisory Opinion regarding lawyer’s use of generative Artificial Intelligence (...

Diaz | Anselmo
Nov 29, 20232 min read


FLORIDA’S SECOND DCA AFFIRMS LOWER COURT’S REFORMATION OF DEED AND MORTGAGE DESPITE MORTGAGOR’S STATUTE OF LIMITATIONS DEFENSE
The Second DCA just affirmed the entry of a judgment of foreclosure and reformation of a mortgage and deed despite the mortgagor’s claim...

Diaz | Anselmo
Nov 29, 20234 min read


ILLINOIS CIRCUIT COURT DISMISSES FORECLOSURE COMPLAINT FINDING FAILURE OF CONDITIONS PRECEDENT & STATUTE OF LIMITATIONS BARRED ACTION ON THE NOTE & PREVENTED FORECLOSURE
Last month in Cook County, Illinois, Judge Sullivan entered a lengthy memorandum opinion and order dismissing The Bank of New York’s...

Diaz | Anselmo
Nov 29, 20234 min read


ILLINOIS SUPREME COURT FINDS PROPERTY TAXES DUE REGARDLESS OF CITY’S EMINENT DOMAIN TAKING
Last month the Illinois Supreme Court reversed the Third District’s holding in MB Fin. Bank, N.A. v. Brophy [i] , wherein the district...

Diaz | Anselmo
Oct 30, 20234 min read


FLORIDA COURT AFFIRMS FORECLOSURE JUDGMENT FOR HOA & AWARDS ATTORNEY FEES INCLUDING THOSE INCURRED IN BANKRUPTCY PROCEEDINGS
Florida’s Fourth DCA affirmed a county court’s final judgment foreclosing a lien in favor of Deer Run Property Owners’ Association (the...

Diaz | Anselmo
Oct 30, 20234 min read


DISTRICT COURT IN FLORIDA AWARDS SANCTIONS FINDING SECOND REMOVAL OF MATTER TO FEDERAL COURT WAS IN BAD FAITH
The Middle District of Florida, Orlando Division, remanded a matter back to state court and imposed sanctions on movants, Valeria and...

Diaz | Anselmo
Oct 30, 20233 min read


FLORIDA’S NEW APPELLATE DISTRICT ENFORCES CLEAR TERMS OF SETTLEMENT AGREEMENT FINDING STATUTE OF LIMITATIONS DEFENSE WAIVED
Earlier this month the Sixth DCA reversed a circuit court judge in Lee County who found that a foreclosure brought by Cape Coral Loan...

Diaz | Anselmo
Oct 25, 20232 min read


FLORIDA CIRCUIT COURT FINDS IT HAS JURISDICTION OVER FORECLOSURE DESPITE BORROWERS’ NOTICE OF REMOVAL TO FEDERAL COURT
The Honorable Chad K. Alvaro, a circuit court judge in Osceola County, Florida, granted US Bank’s motion to proceed with its foreclosure...

Diaz | Anselmo
Sep 29, 20232 min read


SUMMARY JUDGMENT OF FORECLOSURE AFFIRMED BY OHIO APPELLATE COURT DESPITE ALLEGED DISPUTE OVER MORTGAGE PAYMENTS
The Sixth Appellate District of Ohio recently affirmed a summary judgment of foreclosure rendered in favor of a lender despite the...

Diaz | Anselmo
Sep 29, 20233 min read


FLORIDA APPELLATE COURT FINDS CIRCUIT COURT EXCEEDED ITS AUTHORITY BY REWRITING TERMS OF NOTE AND MORTGAGE
Florida’s Fourth DCA recently reversed (in part) a final judgment (“Judgment”) entered in favor of the mortgagors (“the Saunders”) and...

Diaz | Anselmo
Sep 29, 20233 min read


KENTUCKY CIRCUIT COURT REJECTS BORROWERS’ STATUTE OF LIMITATIONS DEFENSE IN FORECLOSURE ACTION
The Honorable Natalie White out of the 56th Circuit recently refused to enter a judgment on the pleadings as requested by the...

Diaz | Anselmo
Sep 29, 20232 min read
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