Legal Insights

Florida’s Middle District determined sanctions against a creditor were not warranted  for alleged violations of the automatic stay imposed by 11 U.S.C. § 362(k) of the bankruptcy  code. Section 362(k) requires creditors to cease collection activity once the creditor  becomes aware the debtor has filed for bankruptcy protection.

Florida’s First DCA recently affirmed summary judgment in favor of Bank of America and against Florida’s Department of Revenue.

The Fourth DCA reversed a foreclosure judgment entered against the estate of deceased mortgagor, Leticia Brown, and her spouse, Trevor Brown, because Trevor Brown did not sign the purchase money mortgage despite being married to Leticia when the bank originated the loan. Brown v. Towd Point Mortg. Tr. 2017-6, No. 4D2024-2438, 2025 Fla. App. LEXIS 7963 (4th DCA Oct. 22, 2025).

Florida’s Second DCA recently reversed an order which dismissed Deutsche Bank’s (the “Bank”) foreclosure action against Carmen and Alfredo Del Callejo (the “Borrowers”). Deutsche Bank Nat'l Tr. Co. v. Del. Callejo, No. 2D2024-1696, 2025 Fla. App. LEXIS 7999, at *1 (2d DCA Oct. 24, 2025). The Borrowers took out a mortgage loan sometime prior to 2008 and then defaulted by failing to make their October 2008 payment.

Florida’s Fourth DCA recently reversed an order involuntarily dismissing Bank of New York Mellon’s (“BNY Mellon” or “Bank”) foreclosure finding the trial court erred when it concluded BNY Mellon lacked standing to bring suit. Bank of N.Y. Mellon v. Cohen, No. 4D2023-2793, 2025 Fla. App. LEXIS 4250 (Fla. 4th DCA June 4, 2025).

Diaz Anselmo recently celebrated another victory in federal court when Florida’s Eleventh Circuit affirmed the Middle District’s refusal to remove a foreclosure case from circuit court in Osceola County, Florida, to federal court. U.S. Bank, Nat'l Ass'n v. Taveras, No. 23-13384, 2025 U.S. App. LEXIS 11271 (11th Cir. May 9, 2025). Valeria and Eliezer Taveras took out a mortgage in 2006 and defaulted on their loan in 2008. US Bank initiated foreclosure proceedings in 2016.

Both the House and Senate filed proposed bills that would make a minor, but impactful, amendment to § 559.72, F.S., known as the Florida Consumer Collection Practices Act (hereinafter “the Act” or “FCCPA”).

A Hillsborough County judge recently entered summary judgment in favor of creditor, Afterpay US Services (“Afterpay”), dismissing the action filed by Daneshka Balestier Diaz (“Diaz”) finding Diaz lacked standing and Florida’s Consumer Collections Practices Act (“the Act” or “FCCPA”) was inapplicable.