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
In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy...more
4/20/2017
/ Ambiguous ,
Appeals ,
Banks ,
Consumer Bankruptcy ,
Creditors ,
Debt Collection ,
Debtors ,
FCCPA ,
FDCPA ,
Mortgage Lenders ,
Mortgage Statements ,
Mortgages
Learning the interplay between state rules of judicial procedure and federal bankruptcy law can be a daunting undertaking, but the pitfalls of failing to do so can be severe. A recent example of the importance of being...more
On March 1, 2016, the Eleventh Circuit Court of Appeal held that the assignee of a loan cannot be liable for the failure to provide a payoff statement as required by the Truth in Lending Act, 15 USC 1639g. The case is Evanto...more
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
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
It’s finally here. Over the weekend, the Consumer Financial Protection Bureau’s (CFPB) long awaited and oft delayed integration of the disclosures required by the Federal Truth in Lending Act (TILA) and Real Estate...more
10/6/2015
/ Banking Sector ,
Closing Documents ,
Compliance ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Disclosure Requirements ,
Financial Institutions ,
HUD ,
Loans ,
Mortgage Lenders ,
Mortgages ,
Residential Real Estate Market ,
RESPA ,
TILA-RESPA Integrated Disclosure Rule (TRID) ,
Truth in Lending Act (TILA)
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 long heralded TILA/RESPA Integrated Disclosures (TRID) are coming, and they are already causing some headaches in the real estate market. Congress provided for the new disclosures in the 2010 Dodd-Frank Wall Street Reform...more
9/2/2015
/ Closing Documents ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Disclosure Requirements ,
Dodd-Frank ,
Financial Institutions ,
Good Faith ,
HUD ,
Loans ,
Mortgage Lenders ,
Mortgage Servicers ,
Mortgages ,
National Association of Realtors ,
Residential Real Estate Market ,
TILA-RESPA Integrated Disclosure Rule (TRID)
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
As Florida works through its foreclosure backlog, many of the cases remaining are those with complications, for example a lost promissory note. Such issues are not insurmountable, but do require an attention to detail. For...more
8/18/2015
/ Consumer Lenders ,
Financial Institutions ,
Florida ,
Foreclosure ,
HSBC ,
Mortgage Lenders ,
Mortgages ,
Promissory Notes ,
Real Estate Market ,
Residential Real Estate Market ,
Uniform Commercial Code (UCC)
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
On August 5, 2015, PHH Corp. (“PHH”) won a stay of the $109M penalty handed down by Consumer Financial Protection Bureau (“CFPB”) director Rich Cordray. Cordray’s aggressive legal reasoning and the harsh penalties he imposed,...more
8/10/2015
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Banking Sector ,
Banks ,
Captive Insurance Company ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Dodd-Frank ,
Enforcement Actions ,
Financial Institutions ,
HUD ,
Insurance Industry ,
Kickbacks ,
Lenders ,
Mortgage Insurance ,
Mortgage Lenders ,
Mortgages ,
Motion To Stay ,
Penalties ,
Popular ,
Reinsurance ,
RESPA ,
Richard Cordray
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
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
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
In Gorel v. Bank of New York Mellon, 5D13-3272 (Fla. 5th DCA May 8, 2015) Florida’s Fifth District Court of Appeal offered relief to increasingly popular arguments using minor defects in paragraph 22 notices of default as a...more