News

By Janet C. Owens As we have previously discussed, under Florida law, in a foreclosure action, a lender must either provide the original promissory note or, if the note was lost, stolen, or destroyed, follow the statutory procedure for reestablishing a lost note. However, as a recent decision from the Fourth District Court of Appeal highlights, if a note has been modified, it is the original... read more

By Janet C. Owens As we have previously discussed , although section 720.3085(2)(b), Florida Statutes, generally makes a subsequent owner of real property liable for all unpaid homeowners’ association assessments that came due under the previous owner, first mortgagees who acquire title through foreclosure may take advantage of a “safe harbor” under section 720.3085(2)(c),... read more

By Janet C. Owens In previous posts, we have set forth explanations of the business records exception to the hearsay rule of evidence, and how that exception applies when a successor note holder seeks to introduce the loan records of the prior note holder at trial or in support of a motion for summary judgment. A recent decision from Florida’s Fifth District Court of Appeal demonstrates... read more

By Janet C. Owens Florida courts continue to grapple with various issues related to the statute of limitations for installment loans and whether a previously dismissed foreclosure action bars suit on subsequent defaults. As we have previously discussed, in U.S. Bank National Association v. Bartram, Florida’s Fifth District Court of Appeal decided that the dismissal of a previous... read more

By Janet C. Owens In many residential mortgage foreclosures, paragraph 22 of the mortgage provides certain notice provisions with which a lender must comply before it can bring the foreclosure action. As we have previously posted, in 2014, Florida’s Second District Court of Appeal issued an opinion determining that a lender’s substantial, rather than strict, compliance with... read more