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Dismissals Mortgages En Banc Review

BCLP

Nevada Supreme Court Affirms That Rescission of Default Is Effective To Deaccelerate Mortgage Loan

BCLP on

In November 2020, the Nevada Supreme Court denied en banc reconsideration of its unpublished decision in Glass v. Select Portfolio Servicing. The Glass decision confirmed that a rescission of a recorded notice of default...more

Carlton Fields

Florida’s Third DCA Withdraws Opinion Impacting Mortgage Lenders

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Last April, we provided an update on the Florida Third District Court of Appeal’s opinion in Deutsche Bank Trust Company Americas v. Beauvais. In that decision, the Third District held a dismissal without prejudice does not...more

Carlton Fields

Split Florida Court Withdraws Beauvais Opinion to Hold that Dismissal Without Prejudice of Foreclosure Action Does Not Bar Second...

Carlton Fields on

After a rare en banc oral argument, the court withdrew its earlier opinion and released a new en banc decision holding that dismissal of a foreclosure action accelerating payment on one default does not time-bar a subsequent...more

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