Topic
Foreclosures
864 published works
Southeast Financial Litigation Monitor
Still No “Free House” in Florida – Florida Supreme Court Denies Motions for Rehearing in Bartram
On March 16, 2017, the Florida Supreme Court solidified the position of its November 3, 2016 opinion in Bartram v. U.S. Bank, N.A., SC14-1266, 2016 WL 6538647 by denying the…
South Florida Trial Practice
Continuing is Key: Statute of Limitations No Bar to Re-Filed Foreclosure if Default is Continuing
By David Greene
In late-2016, the Florida Supreme Court finally addressed the application of the statute of limitations in a re-filed mortgage foreclosure action. In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct.…
Elder Law Prof Blog
Are Seniors the Target of Unfair Foreclosures in Florida Reverse Mortgage Cases?
The marketers of reverse mortgages often paint a rosy picture of how seniors will be able to draw on the equity in their homes to cover daily expenses, without risk…
Legal Secrets
Why not to do business with a lawyer — Court states a lawyer was gaming the system, go figure
A homeowner who is an attorney accused a bank of violating Civil Code § 2923.6, subdivision (c) by foreclosing while his loan modification application was pending. The attorney did not pay…
New York Attorney Malpractice Blog
All of the 2016 Judiciary Law Cases, Continued
13. Emigrant Funding Corp. v Nunez 2016 NY Slip Op 32089(U) May 25, 2016 Supreme Court, Queens County Docket Number: 16111/2009 Judge: Robert J. McDonald Our review of the…
Colorado Homeowners Association Law
The Importance of Monitoring Foreclosure Sales
As many of you know, the association is entitled to collect a super lien payment from a foreclosing lender when a property enters into public trustee foreclosure. The super lien…
Southeast Financial Litigation Monitor
Florida Foreclosure Reversed Because Lender Did Not Prove Compliance with HUD Regulation
On December 2, 2016, Florida’s Fifth District Court of Appeal filed an opinion overturning a foreclosure sale on grounds that the foreclosing bank failed to meet with the borrower in…
South Florida Trial Practice
Opinions Are Like … : And Judges Can’t Rely On Them For Legal Conclusions
By David Greene
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 foreclosure action based on this…
New York Attorney Malpractice Blog
If the Law Firm is Out of The Case, Get Some Proof
The statute of limitations is a strong and almost impermeable defense...when there is adequate proof that the attorney-client relationship actually ended. Here, in Aqua-Trol Corp. v Wilentz, Goldman & Spitzer,…
Financial Services Observer
In Bartram, Florida Supreme Court Holds That Statute Of Limitations Does Not Bar The Filing Of A Second Mortgage Foreclosure Action
By Jonathan S. Tannen, Michele L. Stocker, Kimberly A. Mello, Aimee Wildstone
On Nov. 3, 2016, the Florida Supreme Court issued its long-awaited decision in Bartram v. U.S. Bank National Association, No. SC14-1265, 2016 WL 6538647 (Fla. Nov. 3, 2016), bringing much-needed…