The Fourth District Court Of Appeal Disapproves The Clerk Of The Court’s Practice Of Backdating Judgments

In Guy v. Plaza Home Mortgage, Inc., Case No. 4D17-3335 (Fla. 4th DCA Apr. 25, 2018), the summary judgment hearing in a foreclosure case was held on an afternoon in September of 2017. However, the lower tribunal’s clerk’s office’s electronic time stamp revealed that the final judgment was filed approximately five hours before the scheduled hearing. In...

Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute

Bresky Law Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute Bresky Law recently successfully defended an appeal by a condominium association of a final summary judgment finding our client entitled to the safe harbor protection of section 718.116(1)(b), Florida Statutes. We represented a condo owner who purchased...

Bresky Law Obtains Affirmance of Foreclosure Judgment

Bresky Law Obtains Affirmance of Foreclosure Judgment The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom Bresky Law was lead appellate counsel. The homeowner raised numerous issues in her two initial briefs totaling almost 100 pages in these consolidated appeals. Many were procedural, such as arguing...

Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions*

Bresky Law Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* Bresky Law represented a former homeowner in the Fourth District Court of Appeal in an appeal from a final judgment of foreclosure. Our office filed an Initial Brief on the homeowner’s behalf that raised two issues...

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee

Bresky Law Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Bresky Law successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and dismissal of counterclaims in an action stemming from a construction project. The plaintiff was a subcontractor...

Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale

Bresky Law Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale. Bresky Law recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”) following a foreclosure sale. Our client held a mortgage on property located within the HOA. The unit owner defaulted. Our client foreclosed...

Take Notice: Fourth DCA Reverses Summary Judgment of Foreclosure Where Homeowner Claimed Bank Failed to Provide Notice

Finnegan v. Deutsche Bank National Trust Co., 4D11-939 Deutsche Bank filed a mortgage foreclosure action alleging that Finnegan had failed to make payments on the promissory note. Deutsche Bank claimed that all conditions precedent to acceleration of the note, and the foreclosure action, had occurred. The mortgage document specified as a condition precedent that Deutsche...

Fourth DCA Rules in Favor of Homeowner and against Major Bank

McLean v. JP Morgan Chase Bank Case No. 4D10-3429 Chase filed a foreclosure action against McLean alleging that, as the legal and/or equitable owner and holder of the Note and Mortgage, it had the right to enforce the loan because McLean defaulted under the note and mortgage. Chase asserted that it could not obtain the Promissory...

Saved by Sloppy Filing: Fourth DCA Reverses Summary Judgment of Foreclosure Where Bank Failed to Attach Assignment

Duke v. HSBC Mortgage Services, LLC, Case No. 4D09-5183 The Fourth District Court of Appeal (“DCA”) reviewed a trial court order granting summary judgment of foreclosure against the homeowners, who were husband and wife. At the time HSBC filed its complaint in the trial court, it attached a mortgage showing the Dukes as the borrowers and...

Factual Differences in the Complaint and Cure Letters in a Foreclosure Proceeding Preclude Summary Judgment

Valencia v. Deutsche Bank National Trust Company, 4D09-3297 June 22, 2011 The Fourth District addressed an appeal of an order granting summary final judgment in favor if the lender in a foreclosure proceeding. The complaint had alleged December 1, 2003 as the date of the borrower’s default. The mortgage required that the lenders provide the borrowers...