Category Archives: Foreclosure

Mortgage

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

By Robin Bresky |

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…. Read More »

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

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Final Summary Judgment Finding Condominium Purchaser Entitled to Benefit of Safe Harbor Statute The Plaza Condominium Ass’n, Inc. v. BAC Home Loans Servicing, L.P., 5D12-4354 The Law Offices of Robin Bresky recently successfully defended an appeal by a condominium association of a final summary judgment finding… Read More »

Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Foreclosure Judgment Silverthorne v. Aurora Loan Services, 3D11-2824 & 3D12-1056 The Third District Court of Appeal recently affirmed a foreclosure judgment in favor of the lender, for whom the Law Offices of Robin Bresky was lead appellate counsel. The homeowner raised numerous issues in her two… Read More »

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

By Robin Bresky |

Law Offices of Robin Bresky Successfully Obtains Leave to Add New Issues to Initial Brief on Appeal After Opposing Counsel Threatens Sanctions* The Law Offices of Robin Bresky 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… Read More »

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

By Robin Bresky |

Law Offices of Robin Bresky Wins Affirmance of Grant of Summary Judgment of Foreclosure and Dismissal of Counterclaims in Suit by Subcontractor Against Lender’s Assignee Pro-Frame Contracting, Inc. v. Highfields Development, LLC, 4D12-1886 The Law Offices of Robin Bresky successfully defended against an appeal by a subcontractor from a summary judgment of foreclosure and… Read More »

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

By Robin Bresky |

Law Offices of Robin Bresky Obtains Affirmance of Order Limiting Successor Mortgagee’s Liability Following a Foreclosure Sale The Sterling Villages of Palm Beach Lakes v. The Bank of New York, 4D11-3008 The Law Offices of Robin Bresky recently won an affirmance of an order limiting a successor mortgagee’s liability to the homeowner’s association (“HOA”)… Read More »

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

By Robin Bresky |

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… Read More »

Fourth DCA Rules in Favor of Homeowner and against Major Bank

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »

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

By Robin Bresky |

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… Read More »