News + updates + recent press
Power of Attorney and Servicing Agreement Does Not Need to be Attached to Foreclosure Complaint
On January 9, 2020, the Fifth District Court of Appeal in Nationstar Mortgage, LLC v. McDaniel, Case No. 5D19-1070, 45 Fla. L. Weekly D96a, January 9, 2020, held that “Florida Rule of Civil Procedure 1.130(a) only requires that the documents (or copies thereof) on which the action is brought be attached to the complaint, here those would be the mortgage and note. Appellant is not suing on the servicing agreement or power of attorney, thus, those documents need not be attached to the Complaint.” Please note that said documents may need to be introduced during the course of litigation, if the case becomes contested. This case is not yet final.
On December 27, 2019, the Second District Court of Appeal in Nationstar Mortgage, LLC v. Glisson, held that “a new default notice is not required before the filing of the second complaint when the dismissal of the first complaint was without prejudice and thus not an adjudication on the merits". Moreover, “nothing in paragraph 22 requires the lender to send a new default notice prior to filing a second foreclosure action based on the same default” citing HSBC Bank USA, N.A. for Registered Holders of Renaissance Equity Loan Asset-Backed Certificates, Series 2007-3 v. Leone, 271 So. 3d 172, 176 (Fla. 2d DCA 2019) (“[T]he dismissal was without prejudice and was, therefore, not an adjudication on the merits.”); see also Otero, 277 So. 3d at 200 (“[H]ere, the initial order of dismissal specified it was indeed without prejudice.”). *This case is not yet final*
PLG BLOG DISCLAIMER
The information contained on this blog shall not constitute legal advice or a legal opinion. The existence of or review and/or use of this blog or any information hereon does not and is not intended to create an attorney-client relationship. Further, no information on this blog should be construed as investment advice. Independent legal and financial advice should be sought before using any information obtained from this blog. It is important to note that the cases are subject to change with future court decisions or other changes in the law. For the most up-to-date information, please contact Padgett Law Group (“PLG”). PLG shall have no liability whatsoever to any user of this blog or any information contained hereon, for any claim(s) related in any way to the use of this blog. Users hereby release and hold harmless PLG of and from any and all liability for any claim(s), whether based in contract or in tort, including, but not limited to, claims for lost profits or consequential, exemplary, incidental, indirect, special, or punitive damages arising from or related to their use of the information contained on this blog or their inability to use this blog. This Blog is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.