Posts tagged Foreclosure Action.
Wells Fargo Bank, N.A. v. Melissa M. Donaldson, 3rd DCA May 6, 2015. Florida's Third District Court of Appeals reversed the involuntary dismissal of Wells Fargo Bank, N.A.'s ("Wells Fargo") foreclosure action against borrower, Melissa Donaldson ("Donaldson"), ruling that it was an abuse of discretion to dismiss the action at trial because the record contradicted Wells Fargo's technical admissions. In September 2012, Wells Fargo filed a verified complaint for foreclosure, alleging that it was the holder of the note and mortgage, referencing an assignment of the note and ...

In Colson v. State Farm Bank, F.S.B., Case No. 2D13-5526, Florida's Second District Court of Appeals just reversed a final judgment of foreclosure entered in favor of the plaintiff, finding that a "total lack of evidence as to damages" required reversal and remand for further proceedings. In February 2009, State Farm as the plaintiff initiated a mortgage foreclosure action against the Colsons. Through its sole witness, an employee of its servicer, State Farm introduced the following into evidence at the November 2013 trial: a power of attorney between State Farm and the servicer, a ...

Posted in: Florida
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