REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: CONTINUANCE: UNTIMELY DISCLOSURE OF NEW WITNESSES AND EXHIBITS: NEW TRIAL: TRIAL COURT ABUSED DISCRETION BY DENYING PLAINTIFF’S UNOPPOSED MOTION FOR CONTINUANCE AND THEN VIOLATED DUE PROCESS BY ALLOWING PLAINTIFF TO CALL WITNESSES AND TO INTRODUCE EXHIBITS DISCLOSED ONLY FOUR DAYS BEFORE TRIAL

Reive v. Deutsche Bank National Trust Company, ___ So. 3d ___, 40 Fla. L. Weekly D725 (Fla. 4th DCA March 25, 2015)

The plaintiff in a mortgage foreclosure filed a motion for continuance ten days before trial because a new loan servicer had been appointed and needed more time to review the loan documents. When the trial court denied … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: SURPLUS FUNDS: SUBORDINATE LIENHOLDER WAIVED ITS RIGHT TO SURPLUS FUNDS BY FAILING TO CLAIM THEM WITHIN SIXTY DAYS OF THE SALE: FAILURE TO RECEIVE ACTUAL NOTICE WAS NOT AN EXCUSE BECAUSE SUBORDINATE LIENHOLDER RECEIVED AT LEAST CONSTRUCTIVE NOTICE BECAUSE CLERK PUBLISHED FINAL JUDGMENT AND POSTED CERTIFICATE OF DISBURSEMENT ON ITS DOCKET: EQUITY: EQUITY FOLLOW THE LAW AND CANNOT BE USED TO ELIMINATE ITS ESTABLISHED RULES

Saulnier v. Bank of American, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D727 (Fla. 4th DCA March 25, 2015)

The subordinate lienholder waived its right to surplus funds by failing to claim them within sixty days after the foreclosure sale. The surplus lienholder’s claim that it did not receive the final judgment or certificate of disbursements did … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: STANDING WAS NOT ESTABLISHED BY UNDATED BLANK ENDORSEMENT INTRODUCED AT TRIAL OR BY BACKDATED ASSIGNMENT

Matthews v. Federal National Mortgage Association, ___ So. 3d ___, 40 Fla. L. Weekly D729 (Fla. 4th DCA March 25, 2015)

The trial court reversed final judgment of foreclosure based upon lack of standing. The note attached to the complaint was not payable to the plaintiff, and it did not contain any endorsements. Although the original note with a … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: PLAINTIFF FAILED TO ESTABLISH STANDING BECAUSE ITS WITNESS WAS UNABLE TO SAY WHETHER THE NOTE ATTACHED TO THE INITIAL COMPLAINT WAS THE MOST RECENT COPY OF THAT DOCUMENT AND DID NOT PROVIDE ANY INFORMATION DEFINITIVELY ESTALISHING THAT PLAINTIFF HAD POSSESSION OF THE NOTE PRIOR TO THE TIME IT FILED ITS INITIAL COMPLAINT: STANDING WAS NOT ESTABLISHED BY BACKDATED ASSIGNMENT BECAUSE OF THE ABSENCE OF EVIDENCE THAT AN EQUITABLE TRANSFER OF THE NOTE AND MORTGAGE OCCURRED BEFORE SUIT WAS FILED

Lloyd v. The Bank of New York Mellon, ___ So. 3d ___, 40 Fla. L. Weekly D732 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of mortgage foreclosure because the plaintiff failed to establish standing. The plaintiff’s witness at trial “was unable to say whether the note attached to the initial complaint was the most … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: STANDING: BREAK IN CHAIN OF OWNERSHIP OF, OR RIGHT TO POSSESS, NOTE

Seffar v. Residential Credit Solutions, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D734 (Fla. 4th DCA March 25, 2015)

The appellate court reversed final judgment of foreclosure because of insufficient evidence of standing. RCS, a loan servicer, was the original plaintiff. Bayview, the subsequent loan servicer, was substituted as the plaintiff before trial. The original note was … Click To Read Full Case Law Review...