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; CIVIL PROCEDURE: DISCOVERY: ATTORNEY-CLIENT PRIVILEGE: JOINT DEFENSE PRIVILEGE: JOINT DEFENSE AGREEMENT NEED NOT BE IN WRITING FOR PRIVILEGE TO APPLY: IN CAMERA INSPECTION WAS NECESSARY TO DETERMINE WHETHER DEFENDANTS INTENDED TO MAINTAIN CONFIDENTIALITY WHILE SHARING INFORMATION IN PURSUIT OF THEIR COMMON INTERESTS: COMMUNICATION TO AGENT OF HOLDER DOES NOT WAIVE PRIVILEGE; APPEALS: CERTIORARI

AG Beaumont 1, LLC v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D704 (Fla. 2d DCA March 20, 2015)

The plaintiff in a mortgage foreclosure sued twenty-five limited liability companies and an individual. The plaintiff dismissed the individual and subpoenaed his communications with the LLC’s. When the trial court overruled the LLCs’ objection to production … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: VOLUNTARY DISMISSAL: ATTORNEY’S FEES: DEFENDANT WAS NOT ENTITLED TO ATTORNEY’S FEES WHEN PLAINTIFF DISMISSED FORECLOSURE ACTION AFTER SHORT SALE BECAUSE NEITHER PARTY SUBSTANTIALLY PREVAILED: APPLICATION OF GENERAL RULE THAT DEFENDANT IS PREVAILING PARTY WHEN PLAINTIFF TAKES A VOLUNTARY DISMISSAL WOULD EXALT FORM OVER SUBSTANCE UNDER CIRCUMSTANCES OF THIS CASE

Kelly v. Bankunited, FSB, ___ So. 3d ___, 40 Fla. L. Weekly D684 (Fla. 4th DCA March 18, 2015)

The defendant in a mortgage foreclosure was not entitled to attorney’s fees when the plaintiff voluntarily dismissed the action after a short sale of the property because neither party substantially prevailed. Although the general rule is that the defendant is … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE; CIVIL PROCEDURE: AMENDMENT: SUMMARY JUDGMENT: TRIAL COURT ABUSED DISCRETION BY DENYING ORAL MOTION AT SUMMARY JUDGMENT HEARING TO AMEND ANSWER TO ALLEGE NONCOMPLIANCE WITH NOTICE OF DEFAULT REQUIREMENT IN PARAGRAPH 22 OF MORTGAGE

Cobbum v. CitiMortgage, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D545 (Fla. 2d DCA February 27, 2015)

The borrowers’ answer in a mortgage foreclosure admitted compliance with conditions precedent to filing suit; however, when the lender moved for summary judgment, the buyers filed an affidavit swearing that the lender failed to comply with a condition precedent by not … Click To Read Full Case Law Review...

REAL ESTATE: MORTGAGE FORECLOSURE: BECAUSE NOTE EXPRESSLY INCORPORATED HUD REGULATIONS THAT REQUIRE WRITTEN NOTICE OF ACCELERATION, BORROWER WAS ENTITLED TO RAISE FAILURE TO COMPLY WITH THOSE REGULATIONS AS A VALID DEFENSE TO FORECLOSURE; CIVIL PROCEDURE: SUMMARY JUDGMENT: SUMMARY JUDGMENT REVERSED BECAUSE LENDER DID NOT DENY THAT IT FAILED TO PROVIDE NOTICE OF ACCELERATION OR ENTER NOTICE IN EVIDENCE

Laws v. Wells Fargo Bank, N.A., ___ So. 3d ___, 40 Fla. L. Weekly D548 (Fla. 1st DCA February 27, 2015)

The appellate court reversed final summary judgment of mortgage foreclosure for the lender. “Because the note contain[ed] language specifically and expressly incorporating HUD regulations that require a written notice of acceleration, [the borrower] was entitled to raise failure … Click To Read Full Case Law Review...