Entries by VanLawWP

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 […]

FORECLOSURE FEES NOT AUTOMATIC IN GLASS

Glass v. Nationstar Mortg., LLC, 2019 Fla. App. LEXIS 30; 2019 WL 98152; Case No. SC17-1387 (Fla. 2019) discusses whether a borrower who successfully defends against a foreclosure case may claim entitlement to reciprocal attorney’s fees. The opinion in Glass does not necessarily prevent a plaintiff from arguing that the borrower is not entitled to […]

J Anthony Van Ness re-elected to Advisory Council for the Legal League 100

With the 11th semi-annual Legal League 100 Servicer Summit underway at the historic Joule Hotel in Dallas, Texas, the professional association marked the occasion by announcing the results of its recent member elections. The League announced that Roy. A. Diaz, Shareholder, SHD Legal Group P.A., has been elected Chair of the LL100. Diaz previously served on […]

Van Ness Attorneys announces multi-year MLL uniform sponsorship!

The Florida Launch of Major League Lacrosse today announced a multi-year partnership in which Van Ness Attorneys, based in Deerfield Beach, will receive a number of marketing assets, including the first uniform sponsorship in the team’s history, beginning in the 2017-18 season.   “We are very proud to have such a fast growing and respected […]

Van Ness Attorneys joins Ocean Brews and Blues Festival

DEERFIELD BEACH – The City of Deerfield Beach Parks and Recreation Department is excited to announce Van Ness Attorneys.com, also known as Van Ness Law Firm, PLC, as the presenting sponsor of the City’s new annual Ocean Brews & Blues Festival, to be held on May 20, 2017 from 3 – 7 PM at the […]