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FLORIDA DISTRICT COURT AFFIRMS SUMMARY JUDGMENT OF FORECLOSURE FINDING BORROWER’S CONCLUSORY AFFIDAVIT INSUFFICIENT TO CREATE GENUINE ISSUE
The Third DCA affirmed the entry of a foreclosure judgment in favor of Bank of New York Mellon (“the Bank”) and against Neida and Jose...

Diaz | Anselmo
Aug 18, 20222 min read


BANKRUPTCY COURT DISMISSED CHAPTER 13 CASE FINDING DEBTOR EXHAUSTED HER REMEDIES AFTER MULTIPLE BAD FAITH FILINGS
The U.S. Bankruptcy Court for the Western District of Kentucky finally put an end to debtor Helen Mitchell’s (“Mitchell” or “Debtor”)...

Diaz | Anselmo
Jul 27, 20222 min read


FLORIDA FEDERAL APPELLATE COURT REVERSES DISMISSAL OF BORROWER’S FDCPA & FCCPA CLAIMS AGAINST SERVICER
The Eleventh Circuit Court of Appeals issued a concerning opinion last week wherein it reversed the Middle District Court of Florida’s...

Diaz | Anselmo
Jun 9, 20224 min read


INDIANA APPELLATE COURT AWARDS ADDITONAL INTEREST TO BANK FINDING INDIANA SUPREME COURT COULD NOT HAVE INTENDED TO MODIFY SUBSTANTIVE LAWS REQUIRING STATUTORY INTEREST
Last month the Indiana Court of Appeals reversed a judgment wherein PNC Bank was denied a portion of accrued pre-judgment interest on a...

Diaz | Anselmo
Apr 26, 20224 min read


FLORIDA COURT FINDS TRUSTEE AUTHORIZED TO FORECLOSE HELOC & REVERSES DISMISSAL OF COMPLAINT
Florida’s Fourth DCA issued an opinion yesterday reversing a Palm Beach circuit court which dismissed US Bank’s foreclosure complaint...

Diaz | Anselmo
Mar 31, 20222 min read


FLORIDA’S SECOND DCA REVERSES DISMISSAL OF ACTION ON THE NOTE FINDING FACTUAL ISSUES PREVENTED SUMMARY JUDGMENT
Last month Florida’s Second DCA reversed a summary judgment order which dismissed an action on a note filed by multiple lenders (“the...

Diaz | Anselmo
Feb 25, 20223 min read


FLORIDA COURT GRANTS EXTRAORDINARY REMEDY ISSUING WRIT OF PROHIBITION AGAINST MIAMI-DADE COUNTY JUDGE IN FORECLOSURE MATTER
Bank of New York Mellon (the Bank), Bank of America (BANA), Carrington Mortgage Services (Carrington), and the Bank’s attorney (Callahan)...

Diaz | Anselmo
Jan 20, 20223 min read


COURTS DISAGREE ON WHETHER COMMUNICATIONS BETWEEN DEBT COLLECTORS AND THIRD-PARTY VENDORS CONSTITUTE A CONCRETE INJURY FOR PURPOSES OF ARTICLE III STANDING
Multiple courts [i] throughout the United States are addressing claims brought against debt collectors for alleged violations of §...

Diaz | Anselmo
Nov 18, 20217 min read


JURISDICTIONAL INCONSISTENCY IN APPLICATION OF FHA’s FACE-TO-FACE RULE
Despite their national application, servicing regulations regarding FHA loans are not applied consistently among all State jurisdictions....

Diaz | Anselmo
Oct 28, 20213 min read


ILLINOIS COURT STRICTLY CONSTRUES HUD FACE-TO-FACE REQUIREMENT & AFFIRMS DISMISSAL OF FORECLOSURE
The Second District Appellate Court of Illinois affirmed the lower court’s dismissal of Freedom Mortgage Corporation’s (Freedom)...

Diaz | Anselmo
Sep 23, 20215 min read


ILLINOIS APPELLATE COURT FINDS “KEEP CHICAGO RENTING ORDINANCE” VIOLATED STATE LAW BY REGULATING RENTS
In 2013, the Chicago City Council enacted the Keep Chicago Renting Ordinance (KCRO or Ordinance) to “preserve, protect, maintain and...

Diaz | Anselmo
Aug 25, 20213 min read


OHIO APPELLATE COURT AFFIRMS DISMISSAL OF TORT COMPLAINT BASED ON UNTIMELINESS OF THIRD FILING UNDER SAVING STATUTE
Earlier this month Ohio’s Court of Appeals, Eighth District, affirmed the dismissal of a tort action filed by Rector against Dorsey due...

Diaz | Anselmo
Aug 25, 20212 min read


FLORIDA SUPREME COURT REINFORCES PRECEDENT THAT NOTE PREVAILS OVER MORTGAGE IF CONFLICT
Last month the Florida Supreme Court held the bank was entitled to foreclose its reverse mortgage despite the fact the co-mortgagor still...

Diaz | Anselmo
Jul 21, 20213 min read


ILLINOIS SUPREME COURT FINDS FIFTY DOLLAR “ADD-ON” FORECLOSURE FILING FEE UNCONSTITUTIONAL
The Illinois Supreme Court accepted jurisdiction and consolidated two appeals to consider the constitutionality of section 15-1504-1 of...

Diaz | Anselmo
Jul 19, 20214 min read


NORTHERN DISTRICT OF INDIANA WEIGHS IN ON BANKRUPTCY STAYS FOR REPEAT FILERS UNDER § 362
The Northern District of Indiana recently provided its interpretation of the limits on the bankruptcy stay provision codified at 11...

Diaz | Anselmo
Jun 30, 20213 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
May 26, 20212 min read


FEDERAL APPELLATE COURT EXPANDS FDCPA PROTECTIONS
Last month the U.S. Court of Appeals for the Eleventh Circuit clarified and effectively expanded provisions of the Fair Debt Collection...

Diaz | Anselmo
May 26, 20214 min read


OHIO APPELLATE COURT REVERSES BANK’S SUMMARY JUDGMENT CREATING NEW AND HIGHER STANDARD FOR SATISFYING CONDITIONS PRECEDENT
About two years ago Ohio’s Second District Court of Appeals reversed a summary judgment of foreclosure entered in favor of U.S. Home...

Diaz | Anselmo
Apr 30, 20214 min read


FLORIDA DCA CLARIFIES BURDEN OF PROOF ON DEFENSE OF FAILURE OF CONDITION PRECEDENT
Earlier this month i the First DCA affirmed a final judgment of foreclosure entered in favor of Wells Fargo Bank (“the Bank”) in Hartz...

Diaz | Anselmo
Apr 30, 20212 min read


U.S. FEDERAL COURTS IN OHIO AND TEXAS CONCLUDE THE CDC LACKED AUTHORITY TO IMPOSE NATIONWIDE MORATORIUM ON EVICTIONS
Two federal courts recently weighed in on the legitimacy of the CDC’s September 4, 2020 Agency Order i which imposed a nationwide...

Diaz | Anselmo
Mar 31, 20215 min read
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