Entries by VanLawWP

Van Ness Prevails in Note Certification Appeal

Summary judgments are subject to reversal on appeal more than judgments entered after trial because a summary judgment effectively denies a litigant their day in court. Van Ness procured a summary judgment in favor of its client and it was recently affirmed on appeal. In Capital Markets Group v. LendingHome Funding Corp., Case No. 1D18-2276 (Fla. […]

EVOLVING FORECLOSURE LITIGATION STRATEGY

The Florida courts have recently clarified that, where a complaint is dismissed without prejudice and the dismissal does not operate as an adjudication on the merits, plaintiff may not have to send a new breach letter prior to instituting a subsequent action to foreclose the mortgage. Foreclosure can be a complex legal area because of […]

GLASS IS SHATTERED (for now)

In the event that the borrower prevails in a foreclosure case, servicers need to minimize their exposure to prevailing party attorney’s fees. One strategy is, if applicable, using the “standing” defense premised on the fact if the plaintiff did not have standing to foreclose, they cannot in turn use the mortgage agreement fee provision(s) against them. […]

COURT EASES EVIDENTURY BURDEN FOR PLAINTIFFS

Admissibility is a key question in foreclosure cases. Authenticating documents for admission may complicate a plaintiff’s ability to prevail at trial. The Second District Court of Appeal has explained that loan modification agreements and various other documents are self-authenticating, thus easing the process of admission. In foreclosure trials, the plaintiff is normally correct about most […]

Mortgage Reformation Not Tied to Attorney’s Fees

Whether to seek reformation of a mortgage may be a question of strategy. If reformation is not required and may be difficult to prove, servicers may be wary of seeking relief because of the potential for attorney’s fees in the event that the servicer fails to prove the reformation issue. The Fourth District Court of […]

SAVINGS CLAUSES IN FORECLOSURE

An overlooked topic in foreclosure law is the effect of savings clauses in loan documents. Notes, mortgages, modifications, and just about any other document affecting the validity or viability of a loan may have a savings clause. Review of loan document templates is necessary because savings clauses may be helpful, but also may not completely […]

VAN NESS DEFENDS NO FEES AT 2nd DCA

Van Ness Law Firm regularly prosecutes and defends appellate actions throughout the State of Florida. This portion of our practice includes representation in all five district courts of appeal and the Florida Supreme Court. We routinely appear in front of the courts for oral argument. Van Ness Law Firm appeared at oral argument in front […]

Gov’t, Atty Square Off Over PACER Fees For Court Opinions

By Sam Reisman Law360 (February 21, 2019, 7:20 PM EST) — A Florida attorney and the federal government on Wednesday clashed over fees for accessing certain documents through PACER, with the attorney arguing they amount to a breach of contract and the government saying while court opinions are usually free, it’s up to the judge to determine what constitutes an […]

GROSSO DEFINES GLASS FURTHER

It is becoming increasingly clear that the voluntary dismissal of a case in which a foreclosure plaintiff lacks standing does more harm than good. A defendant in such a case may claim an entitlement to prevailing party attorney’s fees. Though it may sound illogical, under such circumstances it may make more sense for a plaintiff […]

NEW TREND EMERGING IN FL FORECLOSURES

View this article on DS NEWS  A new matter has come to our firm which is strikingly similar to another recent case we had. The borrowers are alleging fraud based on “new evidence” discovered after an expert reviewed the loan documents. In this case, an eight year old assignment from MERS was the allegedly fraudulent conveyance […]