January 21, 2014

Ohio Court of Appeals Holds that Countrywide Home Loans has Standing to Bring a Foreclosure Action

By Karume James

On October 25, 2013, the Ohio Court of Appeals in Countrywide Home Loans v. Montgomery held that the Plaintiff had standing to initiate a foreclosure action since it was the party in interest at the time the suit was commenced. … Continue reading

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January 21, 2014 in Florida | Permalink | No Comments

Florida Appeals Court Holds that Service Agent of Bank has Standing to Initiate Foreclosure Action

By Karume James

On October 13, 2013, the Florida District Court of Appeals in American Home Mortgage Servicing, Inc. v. Bednarek held that a servicing agent of a larger bank had standing to file a foreclosure action against a homeowner because it properly … Continue reading

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January 21, 2014 in Florida | Permalink | No Comments

January 13, 2014

Florida Appellate Court Holds that Mortgagee is not Required to be the Mortgage Holder and Owner to have Standing for Foreclosure Action

By Karume James

The District Court of Appeal of Florida in Wells Fargo Bank, N.A., v. Morcom, 2013 WL 5575634 (Fl. Ct. App., 5th Dist. 2013), held that mortgagee was not required to be both holder and owner of promissory note in order to … Continue reading

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January 13, 2014 in Florida | Permalink | No Comments

September 12, 2013

Just Shoot Me

By David Reiss

Florida Twelfth Judicial Circuit Magistrate Bailey issued a Recommended Order in HSBC Bank USA, National Association, et al. v. Marra, No. 2008 CA 000630 NC (Aug. 14, 2013) that makes you want to give up.  Not because of the judge, … Continue reading

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September 12, 2013 in Florida | Permalink | No Comments

August 22, 2013

Florida Court Dismisses Class Action to Declare MERS in Violation of Florida Consumer Protection Laws

By Ebube Okoli

The debtors in Trent v. MERS, 288 Fed. App’x 571 (11th Cir. 2008) argued that Mortgage Systems sent them deceptive notices that were in violation of section 559.72(9) of the Collection Act. The debtors further argued that the notice misidentified … Continue reading

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August 22, 2013 in Florida | Permalink | No Comments

July 15, 2013

Florida Court Dismisses Class Action Against MERS Over Unpaid Recording Fees

By Ebube Okoli

The court in Fuller v. MERS, No. 11cv-1153 (M.D. Fla., June 27, 2012) was “confronted with an old problem: the difficulty of reconciling new technology with old law, thus raising the centuries old separation of powers controversy.” In deciding this … Continue reading

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July 15, 2013 in Florida | Permalink | No Comments

March 19, 2013

Florida Appellate Court Reverses Summary Judgment in Favor of Bank in Foreclosure Action Because of Issues of Fact as to Whether Bank Had Standing to Foreclose

By Max Feder

In BAC Funding Consortium Inc. ISAOA/ATIMA v. Jean-Jacques, 28 So.3d 936 (2010), the Second District Court of Appeal of Florida (“Court”) reversed the trial court’s entry of summary judgment in favor of a bank in a foreclosure action because a … Continue reading

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March 19, 2013 in Florida | Permalink | No Comments