In yesterday’s blog, I shared video of an Oral Argument, where I asserted HUD Regulations are a condition precedent to foreclosure of an FHA mortgage.
Today, the Fifth District issued this published decision, agreeing with my arguments, reversing a final judgment of foreclosure, and requiring dismissal on remand.
The decision is not only one of the biggest wins of my career, it’s a resounding victory for Florida homeowners and, frankly, all homeowners. After all, it’s the first decision (not only in Florida, but anywhere in the United States), to rule that the lender bears the burden of proving compliance with HUD regulations at trial before foreclosing an FHA mortgage. The decision is now binding precedent on every trial judge in Florida, and I’d anticipate other appellate courts following this decision in the coming months.
My battles against the evil banksters are long and often tiring. But a day like today, where new law was created in a way that helps homeowners, make it all worthwhile. 🙂
Here’s a link to the opinion.Mark Stopa