Taggart v. Lorenzen, Case No. 18–489 (2019).
“A [bankruptcy] court may hold a creditor in civil contempt for violating a discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct,” i.e., contempt is appropriate when a creditor violates a discharge order based on their objectively unreasonable view of the order.Fountainbleau, LLC v. Hire Us, Inc.,Case No. 2D18-4068 (Fla. 2d DCA 2019).
An order compelling parties to attend arbitration is not an order determining a party’s “entitlement” to arbitration and thus is not an appealable non-final order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv).Green Emerald Homes, LLC v. 21st Mortgage Corporation, Case No. 2D17-2192 (Fla. 2d DCA 2019).
A titleholder to real property, who purchased before litigation and before a lispendens was filed, is entitled to defend a foreclosure suit including questioning the amounts due on the note and mortgage.Rokosz v. Haccoun, Case No. 3D18-2459 (Fla. 3d DCA 2019).
A trial court cannot deny a party their right to have an evidentiary hearing on their Motion to Discharge Lis Pendens by reconsidering a prior order establishing a lispendens.Goodenow v. Nationstar Mortgage LLC, Case No. 3D18-1480 (Fla. 3d DCA 2019).
A loan servicer entitled to enforce a note can enforce the jury trial waiver contained in the mortgage.MBlock Investors, LLC v. Bovis Lend Lease, Inc., Case No. 3D18-501 (Fla. 3d DCA 2019).
A lender that acquired property through foreclosure is a “successor and assign” of its borrower and bound by a pre-foreclosure release signed by its borrower that ran to successors and assigns.”Fassy v. The Bank Of New York Mellon, Case No. 4D18-1548 (Fla. 4th DCA 2019).
A plaintiff whose suit is dismissed for lack of standing is still liable for taxable costs as costs are awarded pursuant to Florida Rule of Civil Procedure 1.420(d) and not the prevailing party provisions of the mortgage.Deutsche Bank Trust Company Americas v. JB Investment Realty, LLC, Case No. 4D18-3240 (Fla. 4th DCA 2019).
A foreclosing lender need only prove the loan is in default and need not introduce a loan payment history “from the beginning” in order to prove default.
