II. 11TH CIRCUIT CASES - JIN LIU -
- Quiet Title: banks’ failure to respond to borrowers’ demands for proof of validity of mortgage and assignment did not render mortgage and assignment invalid or create a cloud on...more
I. FLORIDA STATE CASES – SARA WITMEYER -
- Discovery: guarantors who moved to set aside stipulation to deficiency judgment not entitled to depose corporate representatives of foreclosing plaintiff and assignee of final...more
I. FLORIDA STATE CASES – SASHA FUNK GRANAI -
Final Judgment: final judgment not final appealable order where related claim for breach of note remained – Centennial Bank v. NFP 1, LLC, No. 1D13-4516 (Fla. 1st DCA Dec....more
I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI -
- Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more
I. FLORIDA STATE CASES – SASHA GRANAI FUNK -
Foreclosure: final judgment of foreclosure without amounts due and owing invalid and precludes foreclosure sale - King v. US Bank, No. 1D13-3109 (Fla. 1st DCA Nov. 6, 2013)...more
I. FLORIDA STATE CASES – SARA WITMEYER & JOURDAN HAYNES -
- Receiver: court’s inherent equitable power to appoint receiver over non-profit condominium association not limited to categories set forth in Florida Statutes...more
I. FLORIDA STATE CASES – SASHA FUNK GRANAI -
- Foreclosure: promissory notes self-authenticating and signatures thereto presumed authentic and authorized absent evidence of forgery or lack of authorization - Bennett v....more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ -
Foreclosure/Standing: certifying to Florida Supreme Court as question of great public importance whether a plaintiff in a foreclosure action may cure inability to prove...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Foreclosure: summary judgment precluded where borrowers pled legally sufficient defense that was not factually refuted by lender – Seale v. Regions Bank, No. 4D12-3869 (Fla....more
I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ & SASHA FUNK GRANAI -
Hearsay/Business Records Exception: court erred in considering testimony given by Association’s new management company concerning amounts owed to...more
I. FLORIDA STATE CASES – JOURDAN HAYNES & ILAN NIEUCHOWICZ -
Slander of Title: slander of title counterclaim barred by statute of limitations could not be brought as recoupment claim to avoid limitations because it...more
I. FLORIDA STATE CASES – JOURDAN HAYNES -
Attorneys’ Fees: trial court did not abuse its discretion in awarding attorneys’ fees and costs of $74,429 against bank following dismissal of foreclosure action as sanction...more
I. FLORIDA STATE CASES – STEFANIE LINCOLN -
Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more