REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: EXCUSABLE NEGLECT: DEFENSE COUNSEL’S FAILURE TO ATTEND SUMMARY JUDGMENT HEARING: MERITORIOUS DEFENSE: LACK OF STANDING: FAILURE TO CONDUCT EVIDENTIARY HEARING

Gascue v. HSBC Bank, U.S.A., ___ So. 3d ___, 37 Fla. L. Weekly D2073 (Fla. 4th DCA August 29, 2012)

The appellate court reversed an order denying the defendant’s motion for relief from summary final judgment of mortgage foreclosure because the trial court failed to conduct an evidentiary hearing although the plaintiff alleged colorable entitlement to relief.  Excusable neglect … Click To Read Full Case Law Review...

CIVIL PROCEDURE: RELIEF FROM JUDGMENT: ABSENCE OF EXCUSABLE NEGLECT, MERITORIOUS DEFENSE, AND DUE DILIGENCE IN SEEKING RELIEF FROM DEFAULT

Airport Centre, Inc. v. Ugarte, ___ So. 3d ___, 37 Fla. L. Weekly D1655 (Fla. 3d DCA July 11, 2012)

The trial court erred by granting relief from judgment because of the absence of (1) excusable neglect, (2) a meritorious defense, or (3) due diligence in seeking relief from default.… Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: RELIEF FROM JUDGMENT: EXCUSABLE NEGLECT: FAILURE TO CALENDAR HEARING ON MOTION FOR SUMMARY JUDGMENT: MERITORIOUS DEFENSE: FAILURE TO COMPLY WITH CONDITIONS PRECEDENT TO ACCELERATION

Acosta v. Deutsche Bank National Trust Company, ___ So. 3d ___, 37 Fla. L. Weekly D1184 (Fla. 4th DCA May 16, 2012).

The trial court abused its broad discretion by denying the defendant’s motion for relief from final summary judgment of foreclosure.  Excusable neglect existed because defense counsel and his paralegal swore that defense counsel “inadvertently failed to attend … Click To Read Full Case Law Review...

CIVIL PROCEDURE: VACATING DEFAULT: MERITORIOUS DEFENSE; REAL ESTATE: MORTGAGE FORECLOSURE

Household Finance Corporation, III v. Mitchell, ___ So. 3d ___, 36 Fla. L. Weekly D135 (Fla. 1st DCA 1/19/11)

The appellate court reversed an order denying the second mortgage holder’s motion to vacate default because the movant set forth a facially meritorious defense.  The first mortgage created a lien on four pieces of property, but the second mortgage created … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; IN PERSONAM JURISDICTION: DISCREPANCIES IN RETURN OF SERVICE; DEFAULT: VACATION: MERITORIOUS DEFENSE

Bennett v. Christiana Bank & Trust Co., ___ So. 3d ___, 35 Fla. L. Weekly D2640 (Fla. 3d DCA 12/1/10)

The appellate court reversed an order denying the borrower’s motion to vacate a final foreclosure judgment because the borrower was not served with process. The return of service indicated that (1) the defendant was served individually, (2) the defendant refused … Click To Read Full Case Law Review...