Florida Court Sides with Bank in Key Mortgage Liability Case

Florida Court Sides with Bank in Key Mortgage Liability Case

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Florida Court Rules in Favor of Bank in Foreclosure Defense Case. The First District Court of Appeal of Florida recently held that although HUD (Department of Housing and Urban Development) regulations are a condition precedent to foreclosure, borrowers must raise the issue and timely challenge any foreclosing bank’s compliance with the regulation in order to rely on these regulations in.

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U.S. Supreme Court Carpenter v. Longan, 83 U.S. 16 Wall. 271 271 (1872) Carpenter v. Longan. 83 U.S. (16 Wall.) 271. Syllabus. 1. The assignment of a negotiable note before its maturity raises the presumption of a want of notice of any defense to it, and this presumption stands till it is overcome by sufficient proof.

A Florida appeals court ruled in favor of a reverse mortgage lender in a foreclosure case, signaling an industry victory in the state over the often tricky issue of non-borrowing spouses. The case involved Roberto and Luisa Palmero, a Florida couple that took out a reverse mortgage with Value Financial Mortgage Services in December 2006.

In Bartram v. U.S. Bank, N.A., Fl. Sup. Ct. Case No. SC14-1265 (Fla. Nov. 3, 2016), the Court ruled that the statute of limitations does not bar a lender from filing a new foreclosure action after dismissal of a prior foreclosure action, as long as there was a default within the preceding five years.

Additionally, the Court noted alleged violations of the PSA and alleged deficiencies in the Bank’s assignment of mortgage were irrelevant where the Bank held the endorsed note. The Court concluded the lower Court misapprehended "the nature of negotiable instruments" and failed to apply century old precedent from the Florida Supreme Court.

In late July, another Florida appellate court took a sizable chunk out of foreclosure defense attorneys’ litigation playbook, holding that substantial compliance, rather than strict compliance, is the prevailing standard to be used by courts when assessing whether a mortgage loan servicer complied with the pre-foreclosure requirements found in Paragraph 22 of most residential mortgages.

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So who’s keeping Florida’s more than 350,000 pending foreclosures in court. the bank’s next move. "If the lender isn’t moving the case forward, what is (the home- owner’s) responsibility?" lawyer.

Personal Bankruptcies Decline in January Compared to 12 months earlier, when the number reached 440, the number of personal bankruptcies in Alberta is up 2.3 per cent. total consumer bankruptcies had been falling throughout 2017 until they picked up again in August and October. Part of this increase has to do with rising borrowing costs.

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