News & Analysis as of September 23, 2024

Attorney's Fees

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Foreclosure is a legal process whereby a lender seeks to force the sale of a mortgaged property in order to recover the balance of a delinquent loan. Recently, the foreclosure process has been the subject of greater legislative and judicial scrutiny after systemic abuses were uncovered during the widespread foreclosure crisis resulting from the Great Recession. less -

Roetzel & Andress: 2020 Appellate Year In Review

Roetzel & Andress on 1/29/2021

The Appellate Law Practice Group of Roetzel & Andress represented clients in a wide variety of cases in both state and federal courts, appealing adverse trial court rulings and successfully defending lower court victories on...more

Pennsylvania Supreme Court Clarifies Applicability of Act 6 To Residential Mortgage Foreclosures (Sort Of)

Rosenberg Martin Greenberg LLP on 8/25/2020

When the loan documents provide for confession of judgment and the collateral encumbered by the mortgage securing the loan is commercial real property, the foreclosure process in Pennsylvania is straightforward. The lender...more

Florida Supreme Court Reverses Fourth DCA on No Standing No Fees

Burr & Forman on 1/7/2019

The Florida Supreme Court released an opinion in Glass v. Nationstar, SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to attorney’s fee...more

Attorneys’ Fees Are Available in Arizona Eviction Actions

Snell & Wilmer on 12/3/2018

The Arizona Court of Appeals recently held that any successful plaintiff in a forcible detainer action (i.e., an eviction action) may recover an award of its attorneys’ fees and costs incurred at trial under A.R.S. §...more

Not All Deed of Trust Attorney Fee Clauses are Created Equal

Patton Sullivan Brodehl LLP on 11/30/2018

Lenders who prevail on claims arising from a deed of trust can always recover their attorney fees from the losing party as long as the deed of trust says something about fee recovery, right? It’s not that simple....more

Appellate Court Notes

Pullman & Comley, LLC on 3/19/2018

Appellate Court Advance Release Opinions: Husband and wife defendants were related to the husband and wife plaintiffs. The defendants were convinced the plaintiff husband (a state trooper) was abusing his wife, despite her...more

Appellate Court Notes

Pullman & Comley, LLC on 3/16/2018

Appellate Court Advance Release Opinions: AC39520 - Stratek Plastics, Ltd. v. Ibar - Remember the case that held you could not recover your attorney fees in a mechanic lien foreclosure as the plaintiff unless there had...more

Florida Supreme Court Accepts Jurisdiction in Glass on Fee Issue in Foreclosures

Burr & Forman on 2/28/2018

On February 13, 2018, the Florida Supreme Court accepted jurisdiction in an appeal emanating from a hot button issue in contested foreclosures – can the borrower in a foreclosure secure an award of contractual attorney’s fees...more

Third DCA Rejects 57.105 Attorney’s Fees Where Plaintiff Failed to Prove Standing

Burr & Forman on 3/10/2017

On March 1st, Florida’s Third District Court of Appeal affirmatively held that a mortgage holder who fails to prove its standing to foreclose is not liable to a defendant borrower for prevailing party attorney’s fees. The...more

Real Property & Title Insurance Update: Weeks Ending February 17 & 24, 2017

Carlton Fields on 3/7/2017

Foreclosure: foreclosing bank’s allegation that borrowers were in a continuing state of default sufficient to satisfy five-year statute of limitations even though stated initial default date was more than five years prior to...more

In the Tenth Circuit, Colorado’s On-Going Debate over the “Fairly Debatable” Defense

Cozen O'Connor on 10/4/2016

A recent Tenth Circuit Court of Appeals decision, The Home Loan Investment Co. v. St. Paul Mercury Ins. Co., 827 F.3d 1256 (10th Cir. 2016), demonstrates that, although multiple jurisdictions may recognize similar defenses...more

Appellate Court Notes

Pullman & Comley, LLC on 9/20/2016

Supreme Court Advance Release Opinions: - SC19389 - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Concurrence - State v. Edmonds - SC19389 Dissent - State v. Edmonds...more

Appellate Court Notes

Pullman & Comley, LLC on 4/18/2016

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Appellate Court Notes

Pullman & Comley, LLC on 12/15/2015

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Can I Get My Legal Fees Back for Having to Defend This Case?

Burr & Forman on 10/21/2015

One of the most common questions I get from my clients is whether they can recover their legal expenses for having to defend a meritless case. The short answer is that in most cases, no. That may seem unfair, especially...more

Punishment Didn’t Fit the Crime: Court Reverses Dismissal of Action and Cancellation of Note and Mortgage

Burr & Forman on 5/14/2015

In Deutsche Bank Nat’l Trust Co. v. Adriana Avila-Gonzalez, 2015 WL 2089094 (Fla. 3d DCA May 6, 2015), the Florida Third District Court of Appeal reversed a trial court order that dismissed a foreclosure action with prejudice...more

Locke Lord QuickStudy: Third Circuit Expands Reach of FDCPA in Kaymark Decision

Locke Lord LLP on 4/15/2015

Just last week, the Third Circuit held that a borrower can state a claim for violation of the Fair Debt Collection Practices Act (FDCPA) when a foreclosing plaintiff alleges incorrect fees as part of a foreclosure complaint. ...more

Third Circuit Rules FDCPA Claims Can Be Based on Foreclosure Complaints

Ballard Spahr LLP on 4/10/2015

The U.S. Court of Appeals for the Third Circuit recently ruled that foreclosure complaints can be the basis of Fair Debt Collection Practices Act (FDCPA) claims. This decision continues the Third Circuit's expansive...more

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