Real Property & Title Insurance Update: Week Ending July 29, 2016

Author:Ms Sarah Cortvriend, Scott D. Feather, Jourdan R. Haynes, Cynthia Morales, Ilan A. Nieuchowicz, Christopher Smart and Matthew J. Tyson
Profession:Carlton Fields
 
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REAL PROPERTY UPDATE

Foreclosure/Automatic Stay: because final judgment entered day after defendant's petition for bankruptcy, automatic stay imposed by 11 U.S.C. § 362 was in effect and, thus, judgment was void, even though trial court did not have notice of stay - CitiBank, N.A., as Trustee v. Unknown Heirs, No. 1D15-2502 (Fla. 1st DCA July 25, 2016) (reversed and remanded) Foreclosure/Notice of Default: default notice substantially complied with mortgage's notice requirements in paragraph 22 - The Bank of New York Mellon, as Trustee v. Bloedel, No. 2D15-1862 (Fla. 2d DCA July 27, 2016) (reversed and remanded) Foreclosure/Statute of Limitations: because bank's complaint alleged borrower failed to make payments in April 2008 and all subsequent payments, and bank's action filed within five years of alleged default payment, action survived statute of limitations defense - Dhanasar v. JPMorgan Chase Bank, N.A., No. 3D15-10 (Fla. 3d DCA July 27, 2016) (affirming order) Foreclosure/Striking Pleadings: trial court abused discretion by striking borrower's pleadings and entering default final judgment as sanction because no competent substantial evidence to support determination (1) that borrower lied and committed perjury on a central issue, or (2) that misconduct was undertaken with intent to deceive, constituted a deliberate scheme, or amounted to fraud upon the court - Martinez v. The Bank of New York Mellon, etc., No. 3D15-2350 (Fla. 3d DCA July 27, 2016) (reversed and remanded) Foreclosure/Damages: lender failed to prove the amounts owed in final judgment, where payment history introduced at trial only supported findings as to principal amount owed, but not amount of interest in judgment - Lasala v. Nationstar Mortg., LLC, No. 4D15-129 (Fla. 4th DCA July 27, 2016) (reversed and remanded for determination of the amounts owed) Foreclosure Sale: trial court did not abuse its discretion in failing to set aside foreclosure sale where it considered equitable factors, including whether there was gross inadequacy of consideration, surprise, accident, or mistake, and irregularity in the conduct of the sale - Lawrence v. Nationstar Mortg., LLC, No. 4D15-2509 (Fla. 4th DCA July 27, 2016) (affirmed) Foreclosure/Fees Upon Prior Dismissal: action brought by alleged assignee of note and mortgage should have been stayed pending assignee's payment of...

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