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Archive for June 20th, 2014

Template for Stay Pending Appeal

While waiting for my foreclosure trial to begin in Lee County this afternoon, the judge announced in open court that the parties (in the case before mine) should be aware of the Order granting a stay pending appeal in Green Tree Servicing, LLC v. Veilleux, Lee County Case No. 08-CA-16469.  I immediately thought to myself “hey, that’s my case – I drafted that Order!”  Apparently, that Order is the template the Lee County judges use when granting a stay pending appeal in a foreclosure case, as the judge brought it up on his own.

Take a look at the Order.  It required my client to maintain the property during the appeal (which she was doing anyway), pay property taxes during the appeal, get homeowners insurance during the appeal (or, alternatively, pay $2,500 into the court registry), and pay $7,500 into the Court registry.  That might sound like a lot for this homeowner to do, but think of it this way … she lost the foreclosure trial and her home was set to be sold, yet gets to live in the property without paying the mortgage during the pendency of the appeal, and she did not have to post a bond, either.  Plus, if she wins the appeal (and I like her chances), then all of the money in the registry will be returned to her.

If the Lee County judges (a county that’s not exactly known as being friendly to foreclosure defense, mind you) think this Order is a good template, then anyone seeking a stay pending appeal in a foreclosure case should at least be aware of this Order.  See also Fla.R.Civ.P. 9.310.  Yes, I’ve had occasion to get a stay with fewer requirements, but judges have a lot of discretion on the conditions to impose for a stay, and this Order should give you a good idea of what some bank-friendly judges are looking for to give a stay.

 

Mark Stopa

www.stayinmyhome.com

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