On April 18, 2019, the Florida Supreme Court issued a surprise ruling withdrawing its January 4, 2019 opinion in Nationstar Mortgage LLC v. Glass. ...more
4/18/2019
/ Attorney's Fees ,
Borrowers ,
Consumer Financial Products ,
FL Supreme Court ,
Foreclosure ,
Loan Documentation ,
Mortgage Lenders ,
Mortgages ,
Motion to Withdraw ,
Nationstar ,
Reversal
Standing is one of the top issues in foreclosure case law. So it comes as no surprise that the issue of standing is also a common focal point for discovery disputes in foreclosures. It has become common foreclosure defense...more
10/8/2015
/ Bank of New York (BNY) Mellon ,
Banking Sector ,
Banks ,
Borrowers ,
Consumer Lenders ,
Discovery ,
Financial Institutions ,
Foreclosure ,
Mortgage Lenders ,
Mortgages ,
Standing
In Russell v. Nationstar Mortgage, LLC, No. 14-61977-CIV, 2015 WL 5029346, at *5 (S.D. Fla. Aug. 26, 2015), United States District Court Judge Beth Bloom issued litigious borrowers their latest setback in a large scale...more
9/29/2015
/ Attorney's Fees ,
Banking Sector ,
Borrowers ,
Default ,
FCCPA ,
Financial Institutions ,
Inspections ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Motion to Dismiss ,
Regulation X ,
Request For Information ,
RESPA
The UCC was supposed to make enforcing negotiable instruments a simpler, more streamlined process. It has proven anything but in Florida. Continuing a trend that now stretches back years, mortgage lenders have had an...more
8/11/2015
/ Bank Notes ,
Borrowers ,
Consumer Lenders ,
FDIC ,
Financial Institutions ,
Florida ,
Foreclosure ,
JPMorgan Chase ,
Lenders ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
Receivership ,
Standing ,
Uniform Commercial Code (UCC) ,
Washington Mutual
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
In This Issue:
- Introduction
- Potential Litigation Exposure Under the New Mortgage Servicing Regulations Governing Responses to Borrower Inquiries
..Which of the New Servicing Regulations Governing Responses...more
11/8/2013
/ Borrowers ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Dual Tracking Restrictions ,
FDCPA ,
Foreclosure ,
Loss Mitigation ,
Mortgage Loan Servicing Standards ,
Mortgages ,
RESPA ,
Truth in Lending Act (TILA)