1 Analyses of this case by attorneys

  1. Real Property, Financial Services, & Title Insurance Update: Week Ending June 7, 2019

    Carlton FieldsJune 11, 2019

    Real Property UpdateForeclosure / Standing: owner of property subject to mortgage at the time the complaint and lis pendens were filed had standing to dispute legal sufficiency of proof of amount due where owner was named as a defendant, even though owner was not party to the note or mortgage - Green Emerald Homes, LLC v. 21st Mortg. Corp., No. 2D17-2192 (Fla. 2d DCA June 7, 2019) (reversing and remanding involuntary dismissal)Foreclosure / Jury Trial Waiver: loan servicer, which was also the holder of note and loan owner's agent, had sufficient legal basis to enforce jury trial waiver provision of mortgage - Goodenow v. Nationstar Mortg., LLC, No. 3D18-1480 (Fla. 3d DCA June 5, 2019) (affirming final judgment of foreclosure)Foreclosure / Standing / Indispensable Party: non-party in trial court was a "stranger to the record" and therefore lacked standing to appeal; trial court properly rejected argument, made for the first time at trial, that bank failed to join a trust as an indispensable party where the only evidence was the borrower's own conclusory testimony that the property was placed in the trust - Turkell-White v. Wells Fargo Bank, N.A., No. 4D18-1402 (Fla. 4th DCA June 5, 2019) (dismissing in part, affirming in part)Attorney's Fees / Costs: borrower preserved argument to tax costs when he specifically mentioned Florida Rule of Civil Procedure 1.420 in