• Foreclosure/Setoff: trial court erred in ordering bank to reduce principal balance due from borrower on commercial loan by amounts bank allegedly received from FDIC under shared loss agreement because that agreement required bank to remit any future “recoveries” from borrower to FDICBranch Banking & Trust Co. v. Kraz, LLC, No. 2D12-3051 (Fla. 2d DCA Apr. 17, 2013) (affirming final judgment in part, reversing in part)
  • Foreclosure/Defaulted Party: entry of default and final judgment of foreclosure after default did not bar defaulted party from seeking protective order in post-judgment enforcement proceedings on behalf of non-party or from raising issues that were not resolved by admitted allegations of complaint S.W. Fla. Paradise Prop., Inc. v. Segelke, No. 2D12-4539 (Fla. 2d DCA Apr. 17, 2013) (granting petition for writ of certiorari)
  • Foreclosure/Notice of Trial: motion to vacate final judgment of foreclosure and ensuing sale and certificate of title should have been granted where defendant-mortgagors did not receive notice of non-jury trial which resulted in judgment and orders in question Mendoza v. Chase Home Fin., LLC, No. 3D12-1881 (Fla. 3d DCA Apr. 17, 2013) (on confession of error, vacating order denying motion to vacate final judgment)
  • Marketable Record Titles to Real Property Act (“MRTA”): trial court properly entered final judgment granting injunction and writ of mandamus to compel homeowners association’s board of directors to take necessary steps to preserve declaration of restrictions governing property within association, because without such board action, restrictive covenants governing property would have begun to lapse and expire pursuant to MRTA Southfields of Palm Beach Polo & Country Club Homeowners Ass’n v. McCullough, Nos. 4D11-1130 & 4D11-4659 (Fla. 4th DCA Apr. 17, 2013) (affirming final judgment)
  • Foreclosure/Standing: where bank did not submit affidavit establishing it held and was entitled to enforce note prior to filing foreclosure action, undated blank endorsement on note was insufficient to establish standing and negate borrowers’ affirmative defense of lack of standing – Cromarty v. Wells Fargo Bank, N.A., No. 4D11-4435 (Fla. 4th DCA Apr. 17, 2013) (reversing final judgment of foreclosure) [Note: Carlton Fields represented Wells Fargo in this appeal but not in the underlying foreclosure action]