Chapter 720 / Prevailing Party Fees: developer that successfully defended against association's lawsuit for declaratory and injunctive relief was properly awarded prevailing party attorneys' fees and costs based on Florida Statutes, section 720.305 Holiday Isle Improvement Ass'n, Inc. v. Destin Parcel 160, LLC , No. Foreclosure News
Foreclosure/Loan Modification: foreclosing plaintiff was required to allege and prove default of loan modification agreement after trial court found the loan modification to be the operative agreement.Pijuan v. Bank of America, N.A., Case No. Foreclosure News
On May 7, 2018, a Judgment of Foreclosure and Order of Sale was entered on the docket of the Knox County Superior Court in an action bearing Docket Number RE-17-28, brought by Mechanics Savings Bank against Douglas M. Williams II and Nicole R. Williams, for the foreclosure of a certain mortgage granted to Mechanics Savings […]
ABA Journal Daily News
ABA Journal Daily News
ABA Journal Daily News
A Milwaukee association took possession of a unit through foreclosure, but could not rent out the unit because of its condition and could not sell it because of a large mortgage. After the property as vacant for several months and the lender did not start a foreclosure, The Husch Blackwell Condominium & HOA Law Team […]
FCCPA/FDCPA/TCPA: servicer's communications with represented parties was debt collection activity in violation of FCCPA and FDCPA where parties' attorney had entered appearance in foreclosure proceeding in which servicer sought deficiency; servicer was debt collector where servicer began servicing debt only after default; monthly mortgage loan statements and loss mitigation letters were debt collection activities; use […]
Condition Precedent: trial court properly rejected motion to dismiss for failure to satisfy condition precedent of pre-litigation non-binding arbitration, required by Chapter 718, Florida Statutes, because claim for breach of fiduciary duty is excepted from the requirement. Palisages Owners' Association, Inc. v Browning, Case No. Foreclosure News
ABA Journal Daily News