REAL ESTATE: MORTGAGE FORECLOSURE: CIVIL PROCEDURE: BORROWER WAS NOT ENTITLED TO FEES UNDER FLA. R. CIV. P. 1.420(d) AFTER SETTLEMENT AND VOLUNTARY DISMISSAL BECAUSE MORTGAGE DID NOT DEFINE FEES AS COSTS, AND THE BORROWER’S ANSWER DID NOT PLEAD AN ENTITLEMENT TO ATTORNEY’S FEES: BORROWER WAS ENTITLED TO COSTS INCURRED BEFORE SETTLEMENT AND VOLUNTARY DISMISSAL

Creamer v. BAC Home Loans Servicing, LP, ___ So. 3d ___, 39 Fla. L. Weekly D1842 (Fla. 2d DCA August 29, 2014)

The borrowers moved for attorney’s fees and costs after settlement of an action to foreclose upon their mortgage and voluntary dismissal of the action.  The mortgage provided that the lender was entitled to collect all expenses incurred in … Click To Read Full Case Law Review...