Published Appellate Decisions in Foreclosure-World

I recently had occasion to list out some of the published appellate decisions in which I was counsel.  Now seemed like as good a time as any to share the list.

Some of these decisions didn’t go my way, but I’m proud of the imprint I’ve left on the law in the foreclosure arena, fighting for consumers each step of the way!

Bear in mind that these are just the published decisions!  ?


DiGiovanni v. Deutsche Bank Nat’l Trust Co., 83 So. 3d 934 (Fla. 2d DCA 2012) (motion for extension of time did not waive challenges to service of process, reversing order denying motion)

Wells Fargo Bank, N.A. v. Taboada, 93 So. 3d 1073 (Fla. 2d DCA 2012) (verification requirements under Fla.R.Civ.P. 1.110(b))

Correa v. U.S. Bank, N.A., 118 So. 3d 952 (Fla. 2d DCA 2013) (first Florida court to reverse a foreclosure judgment on appeal and require dismissal on remand; also the first to clarify that the sufficiency of the evidence can be adjudicated for the first time on appeal)

Basantes v. Bank of America, N.A., 121 So. 3d 1195 (Fla. 5th DCA 2013) (reversing order denying motion to quash service of process)

U.S. Bank, N.A. v. Busquets, 135 So. 3d 488 (Fla. 2d DCA 2014) (paragraph 22)

Garcia v. BAC Home Loans, 145 So. 3d 217 (Fla. 5th DCA 2014) (reversing final judgment of foreclosure where lower court interlocutorily erred by denying motion to dismiss for lack of prosecution)

Holt v. Calchas, LLC, 155 So. 3d 499 (Fla. 4th DCA 2014) (explaining that dismissal is required where a lender does not prove compliance with paragraph 22, withdrawing a prior decision otherwise after I moved for rehearing as an amicus)

Boca Stel 2, LLC v. JPMorgan Chase Bank, N.A., 159 So. 3d 140 (Fla. 5th DCA 2014) (evidentiary hearing required on motion to quash)

Green Tree Servicing, LLC v. Milam, 177 So. 3d 7 (Fla. 2d DCA 2015) (substantial compliance in the paragraph 22 context)

Kipps Colony II Condominium Ass’n, Inc. v. Inland Assets, LLC, 181 So. 3d 492 (Fla. 2d DCA 2015) (circumstances where judgment can be vacated as void)

Deutsche Bank Nat’l Trust Co. v. Quinion, 198 So. 3d 701 (Fla. 2d DCA 2016) (explaining how to specifically deny a condition precedent under Fla.R.Civ.P. 1.120(c))

Brindise v. U.S. Bank, N.A., 183 So. 3d 1215 (Fla. 2d DCA 2016) (2-1 decision concluding the notice requirement of Fla. Stat. 559.715 is not a condition precedent to foreclosure, certifying the question to the Florida Supreme Court as one of great public importance)

Corrigan v. Bank of America, N.A., 189 So. 3d 187 (Fla. 2d DCA 2016) (en banc) (reversing final judgment of foreclosure, explaining how a lender must prove standing at the inception of the case, not merely at the time of an amended complaint)

Deutsche Bank Nat’l Trust Co. v. Hagstrom, 2016 WL 3926852, ___ So. 3d ___ (Fla. 2d DCA 2016) (Fla. Stat. 559.715 in the foreclosure context)

Schuman v. Wells Fargo Bank, N.A., 198 So. 3d 1160 (Fla. 1st DCA 2016) (reversing final judgment of foreclosure because trial court did not give borrower a full and fair opportunity to present her case)

Nationstar Mortg, LLC v. Summers, 198 So. 3d 1162 (Fla. 1st DCA 2016) (Fla. Stat. 559.715 in the foreclosure context)

Young v. Nationstar Mortg., LLC, 2016 WL 5404108, ___ So. 3d ___ (Fla. 2d DCA 2016) (reversing summary judgment of foreclosure because lender did not disprove borrower’s affirmative defenses or show them to be legally insufficient)

Bank of America, N.A. v. Siefker, 2016 WL 5939738, ___ So. 3d ___ (Fla. 2d DCA 2016) (Fla. Stat. 559.715 in the foreclosure context)

JP Morgan Chase Bank, N.A. v. Ostrander, 2016 WL 6393753, ___ So. 3d ___ (Fla. 2d DCA 2016) (requirements for a defendant to obtain summary judgment based on a lender’s failure to comply with paragraph 22)

Jacaranda, LLC v. Green Tree Servicing, LLC, 2016 WL 6476296, ___ So. 3d ___ (Fla. 2d DCA 2016) (trial court should have vacated default final judgment where the motion for default was not served on counsel despite the existence of a quiet title suit over that same property)


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