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Borrowers Cannot Rely on Technical Admissions to Defeat a Mortgage Foreclosure Action

USA - June 1 2016 Recounting the relevant facts, Wells Fargo initiated a foreclosure action against Ms. Voorhees in Sarasota County in June 2009. Wells Fargo filed a...

Second DCA Supports Constructive Possession to Show Standing but Requires Proof of Agency Relationship

USA - March 9 2016 In a recent opinion, the Second District Court of Appeal explained its approval of agency relationship to establish that a plaintiff is entitled to...

Florida lenders not required to compete with homeowner associations to foreclose where lender’s lis pendens is recorded first

USA - February 5 2016 It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s...

Florida’s Second DCA Reverses Dismissal of Foreclosure in Favor of Borrowers for their Failure to Properly Allege a Condition Precedent

USA - January 21 2016 For years, counsel for borrowers have successfully argued that the bank failed to meet conditions precedent required under Section 559.715 of...

Lenders Are Not Necessarily Required to Send a Duplicative Pre-suit Notice in a Timely Filed Successive Mortgage Foreclosure Action

USA - January 15 2016 In the case of Sill v. JPMorgan Chase Bank National Association, Michael Sill appealed a final judgment of foreclosure entered in favor of JPMorgan...