• Foreclosure/Standing: testimony of employee of current loan servicer failed to establish necessary foundation for admitting records of prior loan servicer into evidence under business records exception to hearsay rule; in absence of other evidence in record independently proving foreclosing servicer possessed promissory note as of date complaint filed, foreclosing servicer lacked standing – Hunter v. Aurora Loan Servs., LLC, No. 1D12-6071 (Fla. 1st DCA Mar. 4, 2014) (reversed)
  • Foreclosure/Protecting Tenants at Foreclosure Act: order authorizing writ of possession should have stated that it did not take effect until end of lease term of bona fide tenant residing in foreclosed property – Almonor v. JPMorgan Chase Bank, N.A., No. 3D12-2795 (Fla. 3d DCA Mar. 5, 2014) (reversed)
  • Assessments: pursuant to Fla. Stat. § 718.116, purchaser at foreclosure sale only jointly and severally liable for unpaid condominium assessments of immediate-prior owner, not unpaid assessments of original owner – Aventura Mgmt., LLC v. Spiaggia Ocean Condo. Ass’n, Inc., No. 3D13-1437 (Fla. 3d DCA Mar. 5, 2014) (reversed)
  • Foreclosure/Due Process: final judgment of foreclosure should have been set aside where borrower not served with notice of issue or order setting trial – Stevens v. Nationstar Mortg., LLC, No. 5D13-3472 (Fla. 5th DCA Mar. 7, 2014) (reversed)
  • Assessments: bank not entitled to judgment as matter of law limiting its liability for unpaid, past-due condominium assessments pursuant to Fla. Stat. § 718.116 because material fact issue remained whether bank took title through foreclosure as first mortgagee - Bermuda Dunes Private Residences v. Bank of America, No. 5D12-4218 (Fla. 5th DCA Mar. 7, 2014) (reversed)