Category: Mortgage & Loan Servicing

Summary Judgment Standard and the Importance of Filing Both a Timely and Legally Adequate Response

Florida’s New Summary Judgment Standard and the Importance of Filing Both a Timely and Legally Adequate Response in Opposition to a Motion for Summary Judgment

Florida’s New Summary Judgment Standard On April 29, 2021, the Florida Supreme Court adopted a new summary judgment standard, which became effective on May 1, 2021.  Notably, Rule 1.510 of the Florida Rules of Civil Procedure adopts most of its federal counterpart verbatim.  Indeed, the new standard for granting summary judgment in Florida mirrors the […]
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Florida Civil Remote Court Hearings Are Here to Stay Post COVID-19

Florida Civil Remote Court Hearings Are Here to Stay Post COVID-19

Due to the success of civil remote court hearings during the Covid-19 pandemic, the Florida Supreme Court has amended various procedural rules, effective October 01, 2022, to provide “permanent and broader authorization for the remote conduct of certain court proceedings.” In. re: Amendments to the Florida Rules of Civil Procedure, No. SC21-990, 2022 WL 2721129 […]
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COVID-19 Homeowners Assistance Fund and the Impact on Florida Loan Servicers

COVID-19 Homeowners Assistance Fund and the Impact on Florida Loan Servicers

As a response to the COVID-19 pandemic, Congress passed the American Rescue Plan Act of 2021, commonly referred to as the COVID-19 Stimulus Package. Within this bill is the Homeowners Assistance Fund (HAF), a program to prevent mortgage delinquencies and defaults, foreclosures, loss of utilities and displacement of homeowners experiencing financial hardship as a result […]
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Florida’s 4th DCA Confirms Lender’s Right to Seek to Recover Attorney’s Fees Incurred in Prior Foreclosure Action

Florida’s 4th DCA Confirms Lender’s Right to Seek to Recover Attorney’s Fees Incurred in Prior Foreclosure Action

Holding Decision In early May, Florida’s 4th District Court of Appeals issued its opinion in Colombo v. Robertson, Anschutz & Schneid, P.L. (4D20-1719, 2022 WL 1397564 (Fla. 4th DCA May 4, 2022)), affirming a Palm Beach trial court’s ruling that the attorney’s fees incurred by a lender in a prior foreclosure action could be sought […]
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