Nicholas Agnello on Bank of America

Errant Clerk’s Default Must be Set Aside Regardless of Excusable Neglect, Due Diligence, Meritorious Defenses

In Stuart-Findlay v. Bank of America, N.A., 2010CA014370, 41 Fla. L. Weekly D207a (Fla. 4th DCA 2014), Florida’s Fourth District Court of Appeal held that a clerk’s default entered in error should have been set aside,...more

1/29/2016 / Bank of America , Banking Sector , Default , Failure To Respond , Motion to Vacate , Reversible Error

Florida’s Fifth DCA Echoes Prior Ruling – Must Introduce Additional Evidence that Required Notice Was Actually Sent

In Helton v. Bank of America, 5D14-2632 (Fla. 5th DCA Jan. 22, 2016), Florida’s Fifth Circuit Court of Appeal echoed its opinion in Webster v. Chase Home Finance, LLC, 155 So. 3d 1219, 1220 (Fla. 5th DCA 2015) that oral...more

1/27/2016 / Bank of America , Banking Sector , Foreclosure , Hearsay , Mortgage Lenders , Notification Requirements

Florida Appellate Court Rejects Conditional Notices of Voluntary Dismissal – Treats as Totally Ineffectual

In Wells Fargo Bank v. Lauri Mailloux, 2D14-5116 (Fla. 2d DCA October 30, 2015), the Second District Court of Appeal held that the inclusion of language purporting to render a notice of voluntary dismissal conditional upon an...more

11/11/2015 / Attorney's Fees , Bank of America , Banking Sector , Voluntary Dismissals , Wells Fargo

Yet Another Florida Court Rejects Unpopular Decision on Statute of Limitations for Mortgage Foreclosure, But This Time it’s...

With its decision up on re-hearing, Florida’s Third District Court of Appeal may be rethinking its decision in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014). In...more

8/26/2015 / Appeals , Bank of America , Citibank , Consumer Lenders , Deutsche Bank , Dismissal With Prejudice , FL Supreme Court , Florida , Foreclosure , Mortgage Lenders , Mortgage Servicers , Mortgages , Statute of Limitations

Chorus of Critics Grows Again for Third DCA’s Beauvais Opinion on Statute of Limitations, Rehearing Granted by Third DCA

The opinion of Florida’s Third District Court of Appeal in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) has been a lightning rod for criticism from federal courts in...more

8/5/2015 / Bank of America , Borrowers , Citibank , Deutsche Bank , Dismissal With Prejudice , Financial Institutions , FL Supreme Court , Florida , Foreclosure , HSBC , Lenders , Loans , Mortgage Lenders , Mortgages , Residential Property Owners , Statute of Limitations , US Bank

Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

Florida’s Third District Court of Appeal shocked many court watchers with its opinion in Deutsche Bank Trust Co. Americas v. Beauvais, No. 3D14-575, 2014 WL 7156961 (Fla. 3d DCA Dec. 17, 2014) when it created a split of...more

7/29/2015 / Bank of America , Citibank , Deutsche Bank , Dismissal With Prejudice , Financial Institutions , Florida , Foreclosure , Mortgage Lenders , Mortgages , Popular , Statute of Limitations

Burr Commentary: Third District Court of Appeal Adds to List of Solutions to Prior Servicer Business Records Issue

In Bank of America, N.A., v. Delgado, et al., 3D13-910 (Fla. 3d DCA May 6, 2015) the Third District Court of Appeal offered some relief to banks and loan servicers still reeling from the effects of Hunter v. Aurora Loan...more

5/14/2015 / Appeals , Bank of America , Business Records , Hearsay , Loan Documentation , Mortgage Lenders , Mortgage Servicers , Mortgages

Nicholas Agnello

Burr & Forman

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