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Florida’s Third District Court of Appeal Rejects Trial Court’s Findings on Borrowers’ Defenses, Including “Unclean Hands,” and Reverses Involuntary Dismissal in Foreclosure Action

USA - April 17 2018 A unanimous three-judge panel for Florida's Third District Court of Appeal recently issued an opinion that will have a significant impact on the scope…

Patrick G. Broderick

In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action

USA - November 14 2016 Bartram Bartram v. U.S. Bank National Association, No. SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), bringing much-needed clarity to the…

Michele L. Stocker, Jonathan S. Tannen

Third District Court Of Appeals Reverses Holding on Statute of Limitations for Florida Foreclosures: The Impact of Deutsche Bank Trust Company Americas, as Trustee v. Beauvais

USA - April 18 2016 On April 13, 2016, Florida's Third District Court of Appeal (Third District) issued its en bancopinion in Deutsche Bank Trust Company Americas, as…

Laura Bassini

FDCPA - 11TH Circuit: Kinlock v. Wells Fargo Bank - Post-Foreclosure Offers of Financial Assistance to Defaulted Borrower Not Violative of FDCPA/Florida Consumer Collection Protection Act

USA - March 14 2016 A mortgage servicer's offer of financial assistance to a defaulted borrower in order to induce him to vacate his property following foreclosure does…

Murray B. Silverstein

High Court rules that borrowers may exercise right to rescind mortgage loans by providing notice to lender of intent to rescind within three years of loan closing

USA - January 20 2015 On Jan. 13, 2015, the United States Supreme Court issued its long-awaited ruling in Jesinoski v. Countrywide Home Loans, Inc., No. 13-684, 2015 WL…

Robert Freund, Jennifer L. Gray