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Power of Attorney and Servicing Agreement Does Not Need to be Attached to Foreclosure Complaint

1/13/2020

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.

New Demand Letter Not Required When Prior Case Dismissed Without Prejudice

1/6/2020

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*

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Power of Attorney and Servicing Agreement Does Not Need to be Attached to Foreclosure Complaint

New Demand Letter Not Required When Prior Case Dismissed Without Prejudice