To stop a foreclosure in Florida, you must take certain legal and financial actions, such as reinstating your loan, applying for a mortgage modification or filing for bankruptcy to trigger an automatic stay. Because Florida is a judicial foreclosure state, lenders...
Yesterday, in Fredle v. The Bank of New York Mellon, 4D15-3283, the Fourth District Court of Appeal granted a motion for rehearing and clarification with some interesting tidbits important to fighting the presumption analysis pursuant to Ortiz. Here, the note attached...
Earlier this month in U.S. Bank N.A., etc. v. Jean Kachick, 4D16-1776, the Fourth District Court of Appeal affirmed the trial court’s final judgment in favor of the homeowner because the Plaintiff failed to file the original allonge with the trial court. Although the...
On Wednesday the Fourth District Court of Appeal reversed an order of involuntary dismissal finding that the Bank of New York Mellon had standing to initiate the foreclosure action even when a different party, the mortgage servicer, was in possession of the note and...