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FLORIDA FIFTH DCA PROVIDES ADDITIONAL GUIDANCE ON EVIDENTIARY REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT IN SUMMARY JUDGMENT PROCEEDINGS
The Florida Fifth DCA reversed a summary judgment of foreclosure finding, Eagle Home Mortgage, LLC (“the bank”), failed to proffer...

Diaz | Anselmo
Mar 31, 20212 min read


FLORIDA SUPREME COURT ADOPTS MORE LIBERAL FEDERAL SUMMARY JUDGMENT STANDARD
Last month the Florida Supreme Court left decades of precedent behind when it formally abandoned its state standard for evaluating a...

Diaz | Anselmo
Feb 17, 20214 min read


FLORIDA SUPREME COURT FINDS ATTORNEYS’ FEES AVAILABLE TO MORTGAGOR EVEN IF BANK LACKED STANDING TO FORECLOSE
Last month, in a highly anticipated decision from the Florida Supreme Court, the Court found borrower Terri Page was entitled to...

Diaz | Anselmo
Jan 29, 20215 min read


U.S. SUPREME COURT FINDS CREDITOR’S RETENTION OF BANKRUPTCY ESTATE PROPERTY DID NOT VIOLATE BANKRUPT
The United States Supreme Court reversed the holdings of several bankruptcy courts and federal appellate courts in its recent holding in...

Diaz | Anselmo
Jan 29, 20213 min read


FLORIDA COUNTY COURT JUDGE FINDS EVICTION STAY CONSTITUTED AN UNCONSTITUTIONAL TAKING
In September 2020, the Centers for Disease Control and Prevention ( CDC ) and the Department of Health and Human Services (HHS) issued an...

Diaz | Anselmo
Dec 23, 20205 min read


FEDERAL COURT DISTINGUISHES WALLS & RE-OPENS DOOR TO DEBTOR’S POST BANKRUPTCY LITIGATION FOR FDCPA VIOLATIONS
Last month the United States Court of Appeals for the Ninth Circuit reversed a creditor’s summary judgment finding the debtor’s...

Diaz | Anselmo
Dec 23, 20204 min read


FLORIDA COURT AFFIRMED FORECLOSURE JUDGMENT FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING
Florida’s Second DCA recently affirmed a foreclosure judgment entered in favor of Wells Fargo Bank, N.A. (“Wells Fargo” or “the Bank”)...

Diaz | Anselmo
Dec 1, 20203 min read


ILLINOIS COURT DISMISSES MORTGAGOR’S COMPLAINT FINDING HUD REGULATIONS DID NOT APPLY & SERVICER DID NOT VIOLATE FDCPA
The Northern District of Illinois recently dismissed an action filed by mortgagor Jason Roberts (“Roberts”) against his servicer for...

Diaz | Anselmo
Dec 1, 20204 min read


FLORIDA DCA REVERSES DISMISSAL OF FORECLOSURE FINDING BANK SUBSTANTIALLY COMPLIED WITH HUD FACE-TO-FACE MEETING REQUIREMENT
Earlier this month the Fourth DCA of Florida reversed a circuit court’s dismissal of Lakeview Loan Servicing, LLC’s (“Lakeview” or “the...

Diaz | Anselmo
Oct 21, 20203 min read


ILLINOIS COURT REVERSES DISMISSAL OF BANK’S FORECLOSURE ESTABLISHING EXCEPTION TO SINGLE REFILING RULE
The Second District (Appellate Court) of Illinois reversed the dismissal of an action finding the fourth filing of a lawsuit based on the...

Diaz | Anselmo
Oct 21, 20206 min read


OHIO BANKRUPTCY COURT ANNOUNCES IMPLEMENTATION OF MORTGAGE MODIFICATION PROGRAM
The United States Bankruptcy Court for the Southern District of Ohio recently announced a Mortgage Modification Mediation Program (“MMM...

Diaz | Anselmo
Sep 23, 20202 min read


11th CIRCUIT RESOLVES CONFLICT AMONG FEDERAL APPELLATE COURTS REGARDING BANKRUPTCY PLAN MODIFICATIONS UNDER 11 USC § 1329
The US Court of Appeals for the 11th Circuit, whose jurisdiction includes the federal district courts of Florida, Georgia and Alabama,...

Diaz | Anselmo
Sep 17, 20203 min read


FLORIDA COURT CLARIFIES EVIDENTIARY REQUIREMENTS FOR FORECLOSING MODIFIED LOAN
Quick but important read! Last month, Florida’s Third DCA affirmed a foreclosure judgment entered in favor of US Bank National...

Diaz | Anselmo
Sep 16, 20202 min read


FLORIDA DCA FINDS BANK’S FORECLOSURE JUDGMENT NOT VOID DESPITE DEFICIENCY WITH COMPLAINT
Earlier this month the Third DCA affirmed the lower court’s order denying relief from a foreclosure judgment despite the borrower’s...

Diaz | Anselmo
Aug 26, 20202 min read


FLORIDA COURT REVERSES DISMISSAL – FINDING BANK ESTABLISHED PRIMA FACIE CASE FOR FORECLOSURE
Florida’s Second District Court of Appeals reversed a judgment of dismissal entered against US Bank and in favor of mortgagor Charles...

Diaz | Anselmo
Aug 26, 20203 min read


ILLINOIS APPELLATE COURT IMPOSES STRICT COMPLIANCE STANDARD FOR “KEEP CHICAGO RENTING ORDINANCE”
Last month the Illinois First District Court of Appeals (Third Division) affirmed a judgment entered in favor of Cook County tenant...

Diaz | Anselmo
Jul 22, 20207 min read


FLORIDA COURT REVERSES BANK’S JUDGMENT DUE TO LACK OF STANDING ON LOST NOTE
Last month, the Fourth DCA reversed a foreclosure judgment entered in favor of US Bank finding the bank failed to offer sufficient proof...

Diaz | Anselmo
Jul 22, 20203 min read


FLORIDA SUPREME COURT CLARIFIES REQUIREMENTS FOR ADMISSION OF BUSINESS RECORDS UNDER HEARSAY EXCEPTION
Earlier this month the Florida Supreme Court weighed in on an evidentiary issue involving the admissibility of a bank’s business records...

Diaz | Anselmo
Jul 22, 20205 min read


SEVENTH FEDERAL CIRCUIT OF INDIANA CONCLUDED PARTIES DID NOT CONTRACT FOR MODIFICATION BECAUSE CONDITIONS PRECEDENT NOT MET
Indiana’s Seventh Circuit (federal appellate court) affirmed dismissal of a homeowner’s claims against JPMorgan Chase Bank (“Chase” or...

Diaz | Anselmo
Jun 17, 20204 min read


FLORIDA SECOND DCA REVERSES FORECLOSURE JUDGMENT & DISMISSES CASE BASED ON ERRONEOUS EVIDENTIARY RULING SETTING UNFAVORABLE PRECEDENT
In March this year, the Second DCA issued a detailed twenty-page opinion on what seemed to be a very simple foreclosure case dealing with...

Diaz | Anselmo
Jun 16, 20205 min read
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