“Eviscerate” is the Proper Term for What the Ober Opinion Did to the Lis...
Florida’s 4th District Court of Appeal sent the real property and mortgage world into a frenzy this week after issuing its opinion in Ober v. Town of Lauderdale-By-The-Sea, dramatically weakening the...
View ArticleD.C. Circuit Holds Structure of CFPB Unconstitutional, Vacates $109 Million...
On Tuesday the D.C. Circuit Court of Appeals issued what is already being touted as a landmark ruling in PHH Corp. v. Consumer Financial Protection Bureau, No. 15-1177, 2016 WL 5898801 (D.C. Cir. Oct....
View ArticleFlorida Supreme Court Issues Landmark Ruling on Statute of Limitations for...
The Florida Supreme Court today affirmed Bartram v. U.S. Bank National Association in a virtually unanimous decision. The decision resolves a long standing controversy regarding the effect (if any) of...
View ArticleFourth District Court of Appeal Breathes Life Back into Lis Pendens Statute
Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and...
View ArticleFlorida Lenders Not Required to Compete with Homeowner Associations to Foreclose
It is not uncommon for a homeowner association (“HOA”) to file a separate claim of lien foreclosure action against a resident even though the bank’s mortgage foreclosure action remains pending....
View ArticleThe Fourth DCA Issues Florida’s First District Court Opinion Specifically...
The Fourth District Court of Appeal recently held that a promissory note is a negotiable instrument even though it references provisions in the mortgage. Onewest Bank, FSB v. Jose Nunez, Case No....
View ArticleI Meant it at the Time: Second Circuit Reverses $1.2BN FIRREA Judgment
It’s hornbook law that a later intentional breach of contract, alone, doesn’t equal promissory fraud. Holding it therefore cannot establish mail or wire fraud, the Second Circuit reversed the...
View ArticleCtrl Alt Delete: CFPB says Mortgage Servicers Need Technological Reboot
The Consumer Financial Protection Bureau (CFPB) released a special edition of its supervision report, honing in on mortgage servicers on June 22nd [1]. It blamed outdated technology and process...
View ArticleFlorida Supreme Court Reverses Fourth DCA on No Standing No Fees
The Florida Supreme Court released an opinion in Glass v. Nationstar, SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to...
View Article11th Circuit Court Rejects Claim that Mortgage Statements Sought Time Barred...
In Green v. Specialized Loan Servicing, LLC, 17-15681, the Eleventh Circuit Court of Appeals rejected a consumers contention that his monthly mortgage statement should only seek his last five years of...
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