REAL ESTATE: MORTGAGE FORECLOSURE: APPEALS: TIMELINESS: ORDER WHICH IS VOID AB INITIO MUST BE APPEALED WITHIN THIRTY DAYS

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Nogales v. Countrywide Home Loans, ___ So. 3d ___, 37 Fla. L. Weekly D2296 (Fla. 2d DCA September 28, 2012)

Even if orders (1) denying a motion to vacate final judgment of foreclosure, (2) denying a request to stay a foreclosure sale, (3) issuing a writ of possession, and (4) denying a motion for decision on motion to vacate unlawful … Click To Read Full Case Law Review...

INJUNCTIONS: REPEAT VIOLENCE: DEMAND FOR REPAYMENT OF LOAN

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Alter v. Paquette, ___ So. 3d ___, 37 Fla. L. Weekly D2297 (Fla. 2d DCA September 28, 2012)

Demands for repayment of a loan serve a legitimate purpose, do not constitute harassment, and do not support an injunction for protection against repeat violence.… Click To Read Full Case Law Review...

INSURANCE: HOMEOWNER’S INSURANCE: INSURER’S DUTY TO PROVIDE NOTICE OF RIGHT TO MEDIATION INAPPLICABLE AFTER INSURED SUES INSURER

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American Integrity Insurance Company of Florida v. Gainey, ___ So. 3d ___, 37 Fla. L. Weekly D2297 (Fla. 2d DCA September 28, 2012)

Section 627.7015(2), Florida Statutes, requires an insurer to notify its insured of the right to mediate a residential property insurance claim.  An insurer that fails to comply with the notice requirement waives its right to appraisal, but … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: DISMISSAL OF COMPLAINT FOR FAILURE TO COMPLY WITH CONDITION PRECEDENT: ATTORNEY’S FEES: 2.5 MULTIPLIER

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J.P. Morgan Mortgage Acquisition Corporation v. Golden, ___ So. 3d ___, 37 Fla. L. Weekly D2298 (Fla. 2d DCA September 28, 2012)

The appellate court affirmed an award of attorney’s fees to the defendant in a mortgage foreclosure case.  The defendant was the prevailing party because the complaint was dismissed for failure to comply with a condition precedent.  The loadstar … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: INSUFFICIENCY OF SERVICE

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Rivera v. Deutsche Bank National Trust Company, ___ So. 3d ___, 37 Fla. L. Weekly D2266 (Fla. 4th DCA September 27, 2012)

The appellate court reversed final judgment of foreclosure because service on the defendant “was not properly effected,” a point conceded by the plaintiff.… Click To Read Full Case Law Review...