Posts from April 2017.

In Helman v. Bank of America, 15-13672, 2017 WL 1350728 (11th Cir. April 12, 2017) the Eleventh Circuit Court of Appeal clarified important issues regarding the use of periodic mortgage statements after a bankruptcy discharge. In Helman the debtor sued Bank of America after he received a periodic mortgage statements required by the Truth in Lending Act for his mortgage which he had discharged in bankruptcy. The statements he received were qualified by Bank of America in important ways, including being labeled as "FOR INFORMATIONAL PURPOSES" and containing a disclosure that Bank of ...

Florida's Fourth DCA issued an opinion on April 12, 2017 in Nationstar Mortgage LLC v. Glass, No. 4D15-4561, following suit with the Third and Fifth DCAs in denying a borrower's motion for attorney's fees based on a provision in the subject mortgage after the borrower successfully argued for the dismissal of the foreclosure action on the basis that the plaintiff lacked standing to foreclose.

Ann Marie Glass ("Glass") obtained a dismissal with prejudice of Nationstar Mortgage LLC's ("Nationstar") amended foreclosure complaint in the lower tribunal. See Glass, at 1. Nationstar ...

Third party purchaser lacks standing to participate in foreclosure proceeding, absent assertion of intention to redeem the property.
After the Second District Court of Appeal issued a per curiam affirmance of the entry of final judgment of foreclosure in favor of the bank, Judge Sleet issued a specially concurring opinion in which he concluded that because the appellant was a third party purchaser of the property who was not obligated on the note and mortgage, it was "questionable" whether she had standing to challenge the bank's foreclosure proceeding in the first place. Pealer v ...

Posted in: Florida, Foreclosure
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