REAL ESTATE: MORTGAGE FORECLOSURE: AFFIRMATIVE DEFENSE: CONDITION PRECEDENT: PRE-SUIT NOTICE OF ACCELERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

Lombardo v. HSBC Bank USA, ___ So. 3d ___, 38 Fla. L. Weekly D1458 (Fla. 4th DCA July 3, 2013)

Final summary judgment of mortgage foreclosure was reversed because the plaintiff failed to provide conclusive evidence that it “complied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration.”Click To Read Full Case Law Review...

INSURANCE: PIP: CONDITION PRECEDENT: EXAMINATION UNDER OATH: 2012 AMENDMENT TO PIP STATUTE IS NOT RETROACTIVE

Nunez v. GEICO General Insurance Company, ___ So. 3d ___, 38 Fla. L. Weekly S440 (Fla. June 27, 2013)

A condition in an automobile insurance policy requiring an insured to submit to an examination under oath as a condition precedent to the recovery of PIP benefits violates Section 627.736, Florida Statutes, which is designed to promote “swift and virtually automatic … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CONDITION PRECEDENT: NOTICE OF ACCELERATION

Foerster v. Regent Bank, ___ So. 3d ___, 38 Fla. L. Weekly D742 (Fla. 4th DCA April 3, 2013)

The appellate court reversed final summary judgment of mortgage foreclosure for the bank because of its failure to establish beyond dispute “compli[ance] with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration.”Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: CONDITION PRECEDENT: PRE-SUIT NOTICE OF ACCELERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

Serrano v. HSBC Bank USA, ___ So. 3d ___, 38 Fla. L. Weekly D412 (Fla. 4th DCA February 20, 2013)

The appellate court reversed summary judgment for the plaintiff in a mortgage foreclosure because an issue of fact existed whether the plaintiff “complied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration.”… Click To Read Full Case Law Review...

INSURANCE: HOMEOWNERS INSURANCE: CONDITION PRECEDENT: FAILURE TO FILE TIMELY PROOF OF LOSS: WAIVER OF CONDITION: PARTIAL COOPERATION; CIVIL PROCEDURE: SUMMARY JUDGMENT

Makryllos v. Citizens Property Insurance Corporation, ___ So. 3d ___, 38 Fla. L. Weekly D67 (Fla. 2d DCA December 28, 2012)

The appellate court reversed summary judgment for the homeowners’ insurer.  Although the insured failed to comply with the condition of the policy to provide proof of loss within sixty days after it was initially requested by the insurer, the … Click To Read Full Case Law Review...