October 19, 2017

Florida’s Second District Court of Appeal

3rd Party Purchaser No Standing to Contest – Pealer v. Wilmington Trust Pealer v. Wilmington Trust Nat’l Ass’n, 2017 Fla. App. LEXIS 3643 (Fla. 2nd DCA March 17, 2017).  Florida’s Second District Court of Appeal (“DCA”) recently entered a per…

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October 18, 2017

Supreme Court Legal Update

U.S. Supreme Court Holds FDCPA Not Violated By Proof of Claim on Time-Barred Debt In the case of Midland Funding, LLC v. Johnson, the Supreme Court of the United States determined that the Fair Debt Collection Practices Act (the “FDCPA”)…

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October 18, 2017

Bankruptcy Surrender Estops Foreclosure Challenge

Bankruptcy Surrender Estops Foreclosure Challenge Clay County Land Trust v. HSBC Bank USA, NA, Case No. 1D15-2113 (Fla. 1st DCA, June 14, 2017)(not final until time expires to file motion for rehearing and disposition thereof if filed). This is a…

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October 5, 2017

Arkansas Legal Update

In an effort to keep you informed of recent developments in state laws and cases, we write to inform you of two matters in the State of Arkansas: Survival of Condo Association Liens Post-Foreclosure and Lender Liability While the issue…

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July 5, 2017

New Case Law – 4th DCA – Standing

The Fourth District Court of Appeal just released the following two cases on standing: Bank of N.Y. Mellon Trust Co., N.A. v. Ginsberg, 2017 Fla. App. LEXIS 9647 (Fla. Dist. Ct. App. 4th Dist. July 5, 2017) This is a…

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July 1, 2017

Estoppel Reform Bill Victory

On June 14, 2017, Governor Rick Scott signed Senate Bill 398 into law, providing reformation of Florida’s association statutes. Effective July 1, 2017, Florida Statutes, 718.116, 719.108, and 720.30851 regarding condominium, cooperative, and homeowner associations, will be revised to modify…

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May 8, 2017

House Bill 2506 – Electronic Sales Fee

House Bill 2506 – Electronic Sales Fee Florida House Bill 2506 Section 7 amended FL St 45.035 (3) to include a service charge not to exceed $70 for conducting electronic sales. Most importantly, the responsibility for payment has shifted to…

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December 19, 2016

Florida Statute of Limitations Law Update

As an update to the Statute of Limitations law in Florida, both the borrower Lewis Bartram, and the second mortgagee Gideon Gratsiani, have filed separate Motions for Rehearing, and alternatively, for clarification of the Court’s Opinion that was rendered on…

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November 3, 2016

Florida Supreme Court Approves the 5th DCA’s Opinion in Bartram

The Florida Supreme Court released the attached opinion, which answers the following certified question in the negative. “DOES ACCELERATION OF PAYMENTS DUE UNDER A RESIDENTIAL NOTE AND MORTGAGE WITH A REINSTATEMENT PROVISION IN A FORECLOSURE ACTION THAT WAS DISMISSED PURSUANT…

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October 17, 2016

Consolidation v. Concentration: The Real Risk in Default Servicing

It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so. – Mark Twain Legal and compliance officers representing mortgage servicers often cite concentration risk as a justification for maintaining an…

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