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New Case Law! We Won on FHA!

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

www.stayinmyhome.com

Posted in Main | 12 Comments »

12 Responses to New Case Law! We Won on FHA!

  1. Derek Calvert says:

    Great job Mr. Stopa. I know you have fought long and hard for this. I hope this is helpful with my appeal with Nationstar with the complicated 200 mile radius issue.

  2. Congratulations and a Fantastic Job articulating that FHA rules are a condition precedent. As a former Assistant Attorney General for Florida, I respect your dedication of time and due diligence expended to go after the “evil banksters” while contemporaneously running your business practice to protect the rights of consumers and homeowners. You have done more to protect the rights of Floridians as a private attorney in comparison to the current Attorney General’s Consumer Protection and/or Economic Crimes Division. Nevertheless, feel free …anytime visiting or for business purposes that you have a home in the Pensacola area (First judicial Circuit) and that my office is always available to yourself and/or entourage for utilization…. Congrats again…. Greg from Gulf Breeze 850-932-0300

  3. Rob says:

    Congrats. Shouldn’t it only be binding on trial judges within the 5th DCA area? And if the inevitable rehearing goes your way?

  4. Jon says:

    Great Job! What was the language in the Note and Mortgage which “specifically incorporated” HUD regs?

  5. Peter Farrell says:

    Excellent job Mark Stopa.

  6. Sharon says:

    Wonderful news!!!! Many, many, thank yous from homeowners everywhere!

  7. Floyd Forbes says:

    Mark Stopa is the real deal. He knows the law. Note in his ending argument he not only directs the Court in how to pass judgement but directs the Judges to set a precedent for the circuit Judges to follow so this does not occurs again. I tip my hat to you sir. For you not only advocated on behalf of your client but for those to follow with the exact issue. Now that was for free.
    Well done Mark. You are a beast as a defense foreclosure lawyer. Florida needs more like you.

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