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In McCampbell v. Fed. Nat'l Mortg. Ass'n, No. 2D16-177, (Fla. Dist. Ct. App. May 30, 2018), the Second District Court of Appeal upon consideration of the Appellant’s Motion for Rehearing and Appellee’s Motion for Rehearing, withdrew its prior opinion issued on February 14, 2018, and provided a substituted opinion on May 30, 2018. In the substituted opinion, the Second District Court of Appeal noted that since the oral argument was made, the Fourth District Court of Appeal clarified its prior holding in Rattigan v. Central Mortgage Co., 199 So. 3d 966 (Fla. 4th DCA 2016), and released a new opinion regarding loan modifications, Liukkonen v. Bayview Loan Servicing, LLC, No. 4D16-7193, 2018 WL 151740 at *2 (Fla. 4th DCA March 28, 2018). In Liukkonen, the Fourth District Court of Appeal held, “a copy of a modification is admissible to the same degree as an original, as it is not a negotable instrument as defined in section 673.1041.”
Accordingly, the Second District Court of Appeal has reversed and remanded for a new trial.
The City of Rockledge, FL has passed a resolution pertaining to the registration of abandoned properties. Please note the following changes:
You can view more details about the ordinance, the fee resolution and download a copy of the ordinance and any additional forms required at PROCHAMPS.com: or view the city ordinance directly here.
Third Federal Savings & Loan Association of Cleveland v. Koulouvaris, Case No. 2D17-773, (Fla. 2nd DCA May 18, 2018)
HELOC is not a negotiable instrument. On Friday, May 18, 2018, the Second District Court of Appeal issued an opinion stating that a Home Equity Line of Credit (“HELOC”) is not a negotiable instrument as it is not an unconditional promise to pay a fixed amount of money. See Fla. Stat. 673.1041(1). Accordingly, the Second District Court of Appeal held that the trial court was correct in rejecting the admission of the HELOC into evidence as it was not self- authenticating as the note was not a negotiable instrument.
Additional details on this case are included in PLG's Client Alert Newsletter. Sign up here for more details on case alerts like this one delivered right into your inbox.
Padgett Law Group (PLG) is proud to announce and welcome Brandy M. Green to the firm. Brandy will take over the Executive Director of Operations role recently vacated by Robyn S. Padgett. Brandy will report directly to General Counsel/Vice-President, Laura Conrad, with a dotted line to Robyn Padgett. Effective immediately, Robyn will assume the new role of Chief Development Officer. In order to ensure a smooth transition, Brandy will be working closely with Robyn over the next few months.
Brandy comes to PLG as a 20+ year veteran of the creditor rights' industry and brings to the firm her invaluable knowledge and experience. Brandy holds a degree from Darton College and is an American Bar Association (ABA) certified paralegal. In her new role, Brandy will be responsible for implementing and executing the firm’s business plans according to its business model and ensuring that all appropriate actions are taken to expedite the firm’s portfolio of business. Her primary focus will be based on client Service Level Agreements and performance requirements, as well as oversight and management of the firm’s high volume multi-state creditors rights' practice, including but not limited to, foreclosure process and operations, bankruptcy process, and retail & REO closing transactions. Brandy’s proven track record as a results-driven senior level operations leader, skilled in staff development and metrics-based management and process improvement, positions her for success with PLG. Brandy begins her role on Monday, May 7th and will visit various PLG office over the coming months.
Click here to download the official release or read about this development as covered by ALFN, DS News, and The M Report.
Please Note: Properties that have not been registered at least 30 (thirty) days prior to a filing date of a lis pendens, deed-in-lieu of foreclosure or other public notice of foreclosure will be charged a late fee which is due and payable at the time of registration. The late fee shall be the equivalent to 10% of the registration fee and shall be charged for every thirty (30) days-period, or portion thereof This applies to registrations and any renewals that are not addressed within 30 days.
Assessment of these late fees will begin on May 13th, 2018.
You can view more details about the ordinance and download a copy of the ordinance and any additional forms required at Prochamps.com Click here for the Holly Hill, FL Ordinance.
Recently, the Third District Court of Appeal in Onewest Bank, N.A.. v. Palmero, Case No. 3D14-3114, (Fla. 3d DCA April 18, 2018) released a new opinion regarding reverse mortgages. The Third District Court of Appeal held that, “the trial court improperly relied on the federal statute regarding reverse mortgages as the defense was not in raised in the foreclosure action.” The background of this case is that the borrower-husband passed away, and the bank sought to foreclose for non-payment, and the trial court concluded that the surviving spouse was not a borrower under the loan but the bank still could not foreclose because’ the federal reverse mortgage statute prohibited foreclosure against a surviving spouse living in the mortgaged residence.
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