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19 results found

Article

Fox Rothschild LLP | USA | 20 Mar 2017

Forum selection clauses: mandatory or permissive? No magic words required!

Contractual forum selection clauses may be “mandatory” or “permissive”. However, there are times when a forum selection clause that appears to be

Article

Fox Rothschild LLP | USA | 6 Mar 2017

All sales may be final, but no foreclosure sale until final appealable order

Can a foreclosure sale be held when interrelated counterclaims remain pending? Florida’s Second District Court of Appeal recently addressed this issue

Article

Fox Rothschild LLP | USA | 27 Feb 2017

Continuing is key: Statute of limitations no bar to re-filed foreclosure if default is continuing

In late-2016, the Florida Supreme Court finally addressed the application of the statute of limitations in a re-filed mortgage foreclosure action. In

Article

Fox Rothschild LLP | USA | 31 Jan 2017

It’s a deficiency decree, not a consumer debt: FCCPA does not apply to actions for deficiency

Florida’s Second District Court of Appeal recently addressed an interesting question concerning whether Florida’s Consumer Collection Practices Act

Article

Fox Rothschild LLP | USA | 1 Dec 2016

Opinions are like : And judges can’t rely on them for legal conclusions

A trial court may not rely on a legal opinion offered by a party’s expert witness. Florida’s Third District recently reversed dismissal of a mortgage

Article

Fox Rothschild LLP | USA | 8 Aug 2016

Bucking the trend: No fraud if modification not promised and foreclosure resulted from failure to pay

The United States Court of Appeals for the Ninth Circuit, in a recent unpublished opinion in Casault v. One West Bank, FSB, et al., U.S.C.A. 9th Cir

Article

Fox Rothschild LLP | USA | 15 Jul 2016

Diversity jurisdiction: National bank is a citizen only of state where it has its main office

Another United States Circuit Court has ruled that, for purposes of diversity jurisdiction, a National Bank is a citizen only of the state in which

Article

Fox Rothschild LLP | USA | 13 Jul 2016

A ruling that will be of interest to lenders: don’t forget to present evidence of the amount of interest

Florida’s appellate courts continue to address the sufficiency of evidence in mortgage foreclosure cases. This week, the Fourth District Court of

Article

Fox Rothschild LLP | USA | 16 Jun 2016

Standing to foreclose: Think about the place where your note’s been

Standing in foreclosure cases continues to be a hot issue in Florida’s appellate courts. It seems like a week doesn’t go by without an opinion that

Article

Fox Rothschild LLP | USA | 26 May 2016

No foreclosure summary judgment without refuting “Notice and opportunity to cure” defense: Remember to “Say it ain’t so”

In an opinion issued yesterday in Chester A. Brooks, et al. v. Bank of America, et al., Case No. 4D14-3337 (Fla. 4th DCA May 25, 2016), Florida’s

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