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612 results found

Article

Maurice Wutscher LLP | USA | 6 Feb 2019

Fla. Supreme Court Rules Borrower Entitled to Attorney’s Fees After Voluntary Dismissal of Foreclosure Appeal

Reversing a ruling by the Fourth District Court of Appeal, the Supreme Court of Florida recently held that a mortgagee’s voluntary dismissal of an

Article

Maurice Wutscher LLP | USA | 24 Sep 2018

Fla. Supreme Court Resolves Conflict on Deadline to Claim Foreclosure Surplus Funds

In a dispute over surplus funds from a judicial foreclosure property sale, the Florida Supreme Court recently held that a subordinate lienholder’s

Article

Riker Danzig Scherer Hyland & Perretti LLP | USA | 20 Sep 2018

Florida Appellate Court Finds Attorney May Be Liable to Lender for Erroneous Legal Description Prepared by Title Agent

The Florida Court of Appeals recently held that an attorney was not entitled to summary judgment dismissing a legal malpractice claim brought by a

Article

Sirote & Permutt PC | USA | 3 Aug 2018

Breaking: Florida Supreme Court Rules Lenders Can Pursue Separate Deficiency Actions After Foreclosure

On July 5, 2018, the Florida Supreme Court issued an opinion, Dyck-O'Neal, Inc. v. Lanham, ____ So.3d ____, 2018 WL 3301567 (Fla. 2018), Case No

Article

Maurice Wutscher LLP | USA | 31 May 2018

Fla. App. Court (5th DCA) Holds Mortgagee Without Standing Must Pay Prevailing Borrower’s Fees

The District Court of Appeal for the Fifth District of Florida recently denied a motion to reconsider an order awarding appellate attorney’s fees to

Article

Maurice Wutscher LLP | USA | 28 May 2018

Fla. App. Court (2nd DCA) Holds HELOC Instrument Not Self-Authenticating Article 3 Note

The District Court of Appeal for the Second District of Florida recently affirmed an order involuntarily dismissing an action to foreclose a second

Article

Shumaker Loop & Kendrick | USA | 3 Apr 2018

Tenants and Personal Property after a Foreclosure Sale

After a judicial foreclosure sale concludes and a certificate of title is issued, the purchaser named in the certificate may find the newly acquired

Article

Burr & Forman LLP | USA | 26 Feb 2018

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures - can

Article

Maurice Wutscher LLP | USA | 14 Dec 2017

Fla. App. Court (3rd DCA) Reverses Dismissal of Foreclosure on ‘Prior Servicer’s Records’ Issue

Following rulings from other appellate courts in other appellate districts, Florida's Third District Court of Appeal recently reversed a trial court's

Article

Maurice Wutscher LLP | USA | 4 Dec 2017

Fla. App. Court (5th DCA) Reverses Foreclosure Due to Lack of Evidence of Effect of Merger of Original Plaintiff

The Florida District Court of Appeal, Fifth District recently reversed a final foreclosure judgment in favor of a mortgagee, holding that the

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