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HUD Face-to-Face Meeting Requirement: Fourth Circuit Holds That a Bank Office That Conducts No Mortgage-related Business Does Not...

On April 20, 2020, the United States Court of Appeals for the Fourth Circuit became the first Circuit Court of Appeal in the United States to hold that a mortgage lender must have a “branch office” that conducts at least some...more

Florida Statute of Limitations Update: Third DCA Certifies Conflict with Fifth DCA and Finds that a Foreclosure Judgment can...

On August 1, 2018, the Third District Court of Appeal found that a foreclosure judgment can include all amounts due and owing regardless of the initial date of default. In Eduardo Gonzalez and Rosa Gonzalez v. Federal...more

All Subsequent Payments: Second District of Florida Overturns Judgment in Favor of Borrower and Clarifies Bartram Holding on...

On April 27, 2018, Locke Lord obtained an opinion in a Florida District Court of Appeal matter overturning a judgment that had incorrectly dismissed a foreclosure action on the basis that it was improper to allege...more

Loan Servicers Score Victory in Florida Appellate Decision Rejecting Multiple Common Foreclosure Defenses

On February 7, 2018, Florida’s Third District Court of Appeal rejected multiple arguments routinely advanced by borrowers’ counsel in defense and delay of foreclosure litigation, reversed the trial court’s order dismissing...more

No Standing = No Fees: Turning the Tide in Favor of Lenders and Servicers in the fight for fees in Florida

On July 12, 2017, Locke Lord was successful in obtaining an order in a Florida trial court denying a borrower’s request for an award of attorneys’ fees following a successful argument that the plaintiff lacked standing to...more

Florida Supreme Court Holds That Limitations Period Does Not Bar Second Foreclosure Within 5 Years of Default Without Regard to...

The Florida Supreme Court has decided a question of critical importance to the mortgage servicing industry: Whether, following involuntary dismissal of a foreclosure action, the mortgagee must commence a subsequent...more

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