top of page
Legal Insights
Search
FEDERAL COURT FINDS CORRESPONDENCE PERTAINING TO LENDER-PLACED INSURANCE DID NOT VIOLATE § 1692e OF THE FDCPA
The Northern District of Indiana recently dismissed a lawsuit against a mortgagee/servicer finding correspondence sent by the lender, a...
Diaz | Anselmo
May 7, 20203 min read
NINTH CIRCUIT FINDS FUNDS FRAUDULENTLY TRANSFERRED BY DEBTOR TO BE PART OF CONVERTED CHAPTER 7 ESTATE
Earlier this year the Bankruptcy Appellate Panel for the Ninth Circuit found that assets fraudulently transferred by a debtor during his...
Diaz | Anselmo
May 7, 20204 min read
DCA FINDS BORROWER WAIVED PRE-FORECLOSURE RIGHT TO FACE-T0-FACE MEETING
In 2019, Bank of America (“BOA” or “the Bank”) appealed the involuntary dismissal of its foreclosure action. The lower court dismissed...
Diaz | Anselmo
Apr 22, 20202 min read
FEDERAL COURT FINDS LOAN ORIGINATOR IS NOT A DEBT COLLECTOR AS DEFINED BY THE FDCPA
The Eleventh Circuit Court of Appeals recently affirmed the district court’s dismissal of a complaint seeking relief against JP Morgan...
Diaz | Anselmo
Mar 19, 20202 min read
SUBSTITUTED PLAINTIFF ESTABLISHED STANDING AT THE TIME OF JUDGMENT BY SURRENDER OF THE BLANKLY ENDORSED NOTE EVEN THOUGH IT REMAINED IN COURT FILE
Diaz Anselmo Lindberg, P.A. (formerly SHD Legal Group, P.A.) celebrated a big win for their client last week when the Fourth DCA reversed...
Diaz | Anselmo
Feb 19, 20204 min read
COURT REVERSES DISMISSAL AND ENTERS JUDGMENT FOR BANK FINDING BANK HAD STANDING TO ENFORCE LOST NOTE
Last month the Third DCA reversed the lower court’s dismissal of a foreclosure action filed by HSBC Bank USA, National Association...
Diaz | Anselmo
Feb 19, 20202 min read
FLORIDA COURT FINDS MORTGAGE TERMS PROVIDE FOR RECOVERY OF BANK’S ATTORNEYS’ FEES FOR PRIOR UNSUCCESSFUL FORECLOSURE
The Fifth District Court of Appeals (“Fifth DCA”) rendered a decision wherein it reversed a judgment for the borrower, Patricia Leigh...
Diaz | Anselmo
Jan 29, 20202 min read
COURT PROVIDES FAVORABLE GUIDANCE ON INJURY-IN-FACT ELEMENT OF STANDING IN CONTEXT OF FDCPA CLAIM
This month the Sixth Circuit Court of Appeals affirmed the District Court’s dismissal of an FDCPA case filed by Gustav Buchholz...
Diaz | Anselmo
Jan 29, 20204 min read
UPDATE RE: BANKRUPTCY SURRENDER – DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT
Earlier this month the Second DCA dismissed an appeal of a final summary judgment of foreclosure based on the statement of intentions the...
Diaz | Anselmo
Dec 27, 20192 min read
COURT CLARIFIES REQUIREMENTS FOR PROVING SATISFACTION OF CONDITIONS PRECEDENT & EXPLAINS NEGATIVE AMORTIZATION DOES NOT DESTROY NEGOTIABILITY OF NOTE
The Second DCA recently issued an opinion wherein it agreed with its sister court that a note containing a negative amortization...
Diaz | Anselmo
Dec 27, 20192 min read
FLORIDA DCA OPINIONS DEMONSTRATE THE IMPORTANCE OF PROPER INDORSEMENTS ON NEGOTIABLE INSTRUMENTS
In the last couple years, Florida DCAs have issued a series of opinions in foreclosure cases that addressed standing issues arising from...
Diaz | Anselmo
Dec 21, 20196 min read
DEBTOR’S SURRENDER IN BANKRUPTCY MOOTED APPEAL OF FORECLOSURE JUDGMENT
Earlier this month the Second DCA dismissed an appeal of a final summary judgment of foreclosure based on the statement of intentions the...
Diaz | Anselmo
Dec 20, 20192 min read
REQUIREMENTS FOR FORECLOSING A MODIFIED LOAN IN FLORIDA
In 2016 the Fourth DCA reversed a mortgagee’s final judgment of foreclosure and dismissed the case due to the mortgagee’s failure to...
Diaz | Anselmo
Sep 26, 20194 min read
REDEMAND NOT NECESSARY EVEN AFTER BANK ACCEPTS PARTIAL PAYMENTS
The Fourth DCA reversed a judgment entered in favor of two mortgagors in a Broward County foreclosure action brought by Bank of New York...
Diaz | Anselmo
Aug 27, 20193 min read
FLORIDA COURTS DISAGREE ON LIABILITY FOR CONDOMINIUM ASSESSMENTS
The First DCA rendered an opinion this month wherein it certified conflict with the Third DCA over a condominium unit owner’s liability...
Diaz | Anselmo
Jul 31, 20193 min read
US SUPREME COURT FINDS BANK NOT SUBJECT TO CIVIL CONTEMPT IF THERE IS A “FAIR GROUND OF DOUBT” AS TO WHETHER BANK’S CONDUCT WAS LAWFUL UNDER BANKRUPTCY DISCHARGE ORDER
On June 3, 2019, the United States Supreme Court (“USSC”) granted certiorari relief and weighed in on “the criteria for determining when...
Diaz | Anselmo
Jun 20, 20195 min read
bottom of page