Today, the Florida Supreme Court in Glass v. Nationstar, LLC, Case No. SC17-1387, recalled its mandate, and withdrew its opinion dated January 4, 2019.
Accordingly, the Fourth District Court of Appeal, Nationstar v. Glass, Case No. 4D15-4561, opinion remains in effect, where the Fourth District Court of Appeal held that when a foreclosure case is dismissed for lack of standing, the borrower may not take advantage of the attorney fee provision of the mortgage to seek fees.
Contact Marissa Yaker, Esq. here.
Seth J. Greenhill, Esq., a bankruptcy attorney in Padgett Law Group's Fort Lauderdale, FL office authored a feature article in industry publication DS News' April issue. The issue is currently on newsstands. In his article, Greenhill discusses a court of appeals ruling that could have implications for creditors in Chapter 13 bankruptcy cases. The issue at hand is defining the term "provided for." Click here to read Greenhill's article or contact Seth directly.
MONDAY, APRIL 1, 2019 | ATLANTA, GA Today Padgett Law Group (PLG) is pleased to announce that Marissa M. Yaker, Esq. has been promoted to Managing Attorney over the firm’s multi-state foreclosure practice. The
promotion is effective April 1, 2019 and will include the firm’s foreclosure practices in Florida, Georgia, Tennessee, Arkansas, and Texas. In her new role, Marissa will specifically focus on FHA timelines, general processing timelines, and client education related to foreclosure changes, updates, and news across PLG’s multi-state footprint.
“Timeline, turn around, and quality are hallmarks of the PLG experience and each of these are areas where Marissa excels. We are thrilled to have her in this expanded role where she’ll be able to share her talents for thoroughness, quality legal work, and efficient operational excellence with more of our clients and other PLG team members,” said Robyn Padgett, PLG’s Chief Development Officer.
Marissa’s legal practice is primarily focused on creditor’s rights and foreclosure. In previous management roles,
Marissa has managed first legal in a mulit-state footprint as well as foreclosure and title curative practices in
Florida. Marissa is licensed in Florida, where she is based out of the firm’s Fort Lauderdale, FL office. Marissa is regularly featured in industry publications such as DS News and has represented the firm on industry panels and in national advocacy efforts such as the Legal League 100’s recent United States Supreme Court amicus brief in
Obduskey v. McCarthy Holthus, LLP. Marissa can be reached by email at Marissa.Yaker@PadgettLawGroup.com or (850) 422-2520 ext. 7059.
About Padgett Law Group
Padgett Law Group (PLG) is an elite, full-service creditors rights’ law firm with practices in Florida, Georgia,
Tennessee, Arkansas, and Texas. PLG offers exclusive representation to institutional clients such as lenders,
mortgage servicers, credit unions, banks, hedge funds, investors, and other financial services industry stakeholders. Leveraging technology in its partnerships with forward-thinking clients gives PLG the ability to focus on the aggressive management and processing of delinquent or under-performing loans, providing clients with an edge when curing or resolving complex legal matters.
An indorsement to a trustee is sufficient to establish standing to foreclose, in terms of the identity of the person or entity entitled to enforce the note, regardless of whether the identity of the trust is clear from note, together with any indorsements or allonges.
On January 23, 2019, the Fourth District Court of Appeal in Deutsche Bank Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset Backed Pass Through Certificates, Series 2005-QS12 v. Harris, Case No. 4D17-3009 (Fla. 4th DCA 2019) reversed and remanded the lower courts involuntary dismissal for lack of standing as the endorsement on the note to Deutsche Bank Trust Company Americas, as Trustee was sufficient to establish standing pursuant to Fla. Stat. 673.3011(3)(b)(1), even though it did not specifically reference to the specific trust.
See also Bank of N.Y. Mellon Tr. Co., Nat'l Ass'n v. Ginsberg, 221 So. 3d 1196, 1197 (Fla. 4th DCA 2017), rev. denied sub nom. Ginsberg v. Bank of N.Y. Mellon Tr. Co., N.A., No. SC17-1468, 2018 WL 503421 (Fla. Jan. 22, 2018) (emphasis added).
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