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/ 4th DCA Reverses Dismissal of Foreclosure For Unclean Hands by Borrower Plain English Summary: A woman took out a mortgage, and when the bank filed foreclosure, she raised the defense that the loan application contained false information- mainly the total of her assets and monthly income.
The first district also found in Ocean Bank that the claim to void a mortgage was a compulsory counterclaim in the pending mortgage foreclosure action. Id. Similarly, in the present case, the respondents’ claims for breach of loan extension agreement, breach of covenant of good faith and fair dealing, novation and rescission of the loan.
Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger
Florida’s Third DCA Reverses Course on Statute of Limitations for Mortgage Foreclosure. Beauvais 3D14-575 when it split with the Fourth District Court of Appeal and held that if a prior foreclosure is dismissed without prejudice, the statute of limitations continues to run from the date of the first foreclosure filing.
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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.
In the first four months of 2016, Florida’s 4th District Court of Appeals reversed many foreclosure judgments, primarily on standing grounds. In these appellate opinions, the appellate court repeatedly held that the banks failed to prove that they had standing to foreclose when they failed to prove that they had possession of the indorsed original note at the time the complaint was filed.
Florida’s 4th DCA Reverses Course – Community Associations Can Pursue Lien Foreclosure Despite Pending Mortgage Foreclosure – Arias Bosinger.. not all foreclosure cases are the same for the state’s more than 47,000 community associations,