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FEDERAL COURT FINDS RECEIPT OF ONE UNWANTED TEXT MESSAGE CONSTITUTED CONCRETE INJURY FOR PURPOSES OF ARTICLE III STANDING
Article III standing has been a frequently debated topic for Florida courts over the last several years and last month was no exception....

Diaz | Anselmo
Aug 17, 20234 min read


FLORIDA BANKRUPTCY COURT ESTABLISHES “SAFE HARBOR” FLAT FEE FOR ATTORNEYS REPRESENTING SECURED CREDITORS IN CHAPTER 13 PROCEEDINGS
In June this year the Southern District of Florida adopted new guidelines which established a flat fee for attorneys representing secured...

Diaz | Anselmo
Aug 17, 20231 min read


ILLINOIS’ FIRST DISTRICT DISMISSES APPEAL UPON MOTION FOR FAILURE TO TIMELY PERFECT STAY OF JUDGMENT UNDER SUPREME COURT RULE 305
Earlier this year Wilmington Savings Fund Society, FSB (“Wilmington”) obtained a foreclosure judgment against mortgagor, Pamela M. Moss...

Diaz | Anselmo
Aug 17, 20231 min read


FLORIDA’S NEWEST APPELLATE DISTRICT REVERSES FORECLOSURE JUDGMENT BASED ON STATUTE OF LIMITATIONS POTENTIALLY SETTING AN UNWELCOME PRECEDENT
Last month the newly created Sixth DCA reversed a final judgment of foreclosure entered in favor of the lender, NCP Bayou 2, LLC (“NCP”),...

Diaz | Anselmo
Jul 28, 20234 min read


FLORIDA DISTRICT COURT APPLIES AMENDED SUMMARY JUDGMENT RULE 1.510
Cases applying the 2021 amendments to Florida Rule of Civil Procedure 1.510 , often referred to as the summary judgment rule, are...

Diaz | Anselmo
Jun 28, 20233 min read


ILLINOIS SENATE AMENDS PROCEDURAL RULES AFFECTING FORECLOSURES
In May of this year the Illinois Senate implemented changes to its procedural rules affecting foreclosures. 2023 Illinois Senate Bill...

Diaz | Anselmo
Jun 28, 20231 min read


ILLINOIS’ SEVENTH CIRCUIT REVERSES DISMISSAL OF DEBTOR’S CLASS ACTION SUIT FINDING NOMINAL DAMAGES SATISFIED INJURY IN FACT REQUIREMENT OF FAIR DEBT COLLECTIONS PRACTICES ACT
Earlier this month the Seventh Circuit expanded its typically limited interpretation of what satisfies the injury in fact requirement for...

Diaz | Anselmo
Jun 28, 20234 min read


ILLINOIS SUPREME COURT ALLOWS SERVICE OF PROCESS BY ELECTRONIC MEANS
On April 20, 2023, the Illinois Supreme Court implemented changes to its procedural rules regarding summons and service of process. We...

Diaz | Anselmo
May 18, 20232 min read


FLORIDA COURT FINDS PARTY LACKED STANDING TO SUE FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION ACT
Earlier this month Florida’s Third District Court of Appeals determined a customer of Pet Supermarket, Troy Eldridge (Eldridge), lacked...

Diaz | Anselmo
May 18, 20235 min read


FLORIDA LEGISLATURE INTENDS TO SHORTEN DEADLINES & IMPOSE MORE STRINGENT GUIDELINES FOR ESTOPPEL LETTERS IN THE FALL OF 2023
The US Senate recently passed Senate Bill 708[i] which proposes amendments to Florida Statute § 701.04 pertaining to estoppel letters....

Diaz | Anselmo
Apr 28, 20233 min read


FLORIDA APPELLATE COURT REVERSES REFORMATION OF HOA DECLARATION BASED ON STATUTE OF LIMITATIONS
Last month Florida’s Second DCA reversed an order which granted the Villages of Bloomingdale Homeowners Association’s (the Association)...

Diaz | Anselmo
Apr 28, 20233 min read


ILLINOIS SUPREME COURT AMENDS CIVIL PROCEDURAL RULES
On April 20, 2023, the Illinois Supreme Court implemented changes to the following procedural rules affecting civil proceedings in trial...

Diaz | Anselmo
Apr 28, 20233 min read


OHIO COURT DENIES BANK REIMBURSEMENT FOR MULTIPLE ADVANCES TO PROTECT MORTGAGED PROPERTY BECAUSE BANK FAILED TO TIMELY FILE MOTION
Earlier this month, Ohio’s Eighth District Court of Appeals affirmed an order entered in a foreclosure case wherein the lower court...

Diaz | Anselmo
Mar 30, 20232 min read


FLORIDA COURT REJECTS BORROWERS’ COLLATERAL ESTOPPEL DEFENSE & FINDS EARLIER JUDGMENT FOR BORROWERS WAS CLEARLY ERRONEOUS
Florida’s Fourth DCA just reversed a final judgment entered in favor of the mortgagors (the Trinidads) in a lost note foreclosure case...

Diaz | Anselmo
Mar 30, 20234 min read


POTENTIALLY FRAUDULENT EQUITABLE LIEN FORECLOSURES CONTINUE TO PLAGUE FLORIDA COURTS
Over the last few years Florida courts have seen an increase in equitable lien foreclosures in what, based on Court filings, appears to...

Diaz | Anselmo
Feb 24, 20233 min read


FLORIDA DCA REVERSES JUDGMENT FOR BORROWER & CLARIFIES EVIDENTIARY RULES
Florida’s Fifth DCA just reversed a judgment entered in a foreclosure case against the mortgagee and in favor of the borrower (“Bell”)....

Diaz | Anselmo
Feb 7, 20232 min read


FLORIDA COURT APPLIES HOMESTEAD EXEMPTION TO PREVENT ALIENATION OF HOMESTEAD PROPERTY DESPITE SPOUSAL ABANDONMENT
Earlier this month Florida’s Third DCA addressed the homestead exemption in article X, section 4(c) of the Florida Constitution in the...

Diaz | Anselmo
Dec 30, 20222 min read


FLORIDA APPELLATE COURT STRICTLY ENFORCES RULES PERTAINING TO MEDIATED SETTLEMENT AGREEMENTS
Earlier this month the Second DCA refused to enforce a mediated settlement agreement that, although signed by the attorneys for both...

Diaz | Anselmo
Nov 29, 20222 min read


BANKRUPTCY COURT FINDS SANCTIONS AGAINST MORTGAGEE WARRANTED BASED ON RULE 3002.1 VIOLATIONS
The United States Bankruptcy Court for the Southern District of Ohio issued an order in a Chapter 13 bankruptcy proceeding wherein it...

Diaz | Anselmo
Oct 27, 20225 min read


HUNSTEIN – A LOOK AT THE DISSENT
Multiple courts [i] throughout the United states are addressing claims brought against debt collectors for alleged violations of §...

Diaz | Anselmo
Sep 30, 20227 min read
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