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Lowndes

The Perils of De Novo Review

Lowndes on

Florida’s Third District Court of Appeal issued an opinion yesterday that highlights the perils of de novo review. De novo review is the broadest standard of review for an appellate court, reserved for construing pure...more

Carlton Fields

Florida’s Third DCA Withdraws Opinion Impacting Mortgage Lenders

Carlton Fields on

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

Orrick - Finance 20/20

RMBS Suit Against WMC Mortgage LLC Dismissed as Time-Barred

Orrick - Finance 20/20 on

On July 10, 2015, Judge Alvin Hellerstein of the Southern District of New York granted defendant WMC Mortgage LLC’s motion for judgment on the pleadings in an action brought by the Federal Housing Financial Agency (“FHFA”)...more

Dechert LLP

Foreclosure Attempt Blocked? What You Should Know Before the Clock Hits Zero

Dechert LLP on

Just when you thought we were out of the housing crisis weeds of ’07—think again.  Apparently when an abundance of people buy homes they can’t afford and predictably fall behind on their payments, the judicial foreclosure...more

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