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...

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...

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...

Foreclosure as Means to Revenge

One of the most prominent disputes amongst divorcing couples is the division or disposal of the marital home. And, due to the current economic conditions, homes have been almost impossible to sell and many have fallen into foreclosure. A status most would try to avoid; but may not always be the case when resentful...