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On December 4, 2020, the Fifth District Court of Appeal of Florida, in Torruella and Luxury Living Developers Corporation v. Nationstar Mortgage, LLC, Case No. 5D19-3298, held that “a dismissal for lack of personal jurisdiction does not confer ‘prevailing party’ status on the party over whom the trial court lacks jurisdiction because the trial court does not rule on any issue central to the merits of the dispute, and the legal relationship between the parties following such a disposition has not been materially changed.” This case is not yet final, and Padgett Law Group recommends reading the entire case for the specific facts that led to this holding. Washington, D.C. –Today, to help borrowers at risk of losing their home due to the coronavirus national emergency, the Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (the Enterprises) will extend the moratoriums on single-family foreclosures and real estate owned (REO) evictions until at least January 31, 2021. The foreclosure moratorium applies to Enterprise-backed, single-family mortgages only. The REO eviction moratorium applies to properties that have been acquired by an Enterprise through foreclosure or deed-in-lieu of foreclosure transactions. The current moratoriums were set to expire on December 31, 2020. “Extending Fannie Mae and Freddie Mac's foreclosure and eviction moratoriums through January 2021 keeps borrowers safe during the pandemic," said Director Mark Calabria. “This extension gives peace of mind to the more than 28 million homeowners with an Enterprise-backed mortgage." Currently, FHFA projects additional expenses of $1.1 to $1.7 billion will be borne by the Enterprises due to the existing COVID-19 foreclosure moratorium and its extension. This is in addition to the $6 billion in costs already incurred by the Enterprises. FHFA will continue to monitor the effect of coronavirus on the mortgage industry and update its policies as needed. To understand the protections and assistance offered by the government to those having trouble paying their mortgage, please visit the joint Department of Housing and Urban Development, FHFA, and the Consumer Financial Protection Bureau website here. The Michigan Supreme Court has amended its June 2020 Administrative Order No. 2020-17 that provided direction to state courts for resuming eviction actions. Prior to the pandemic, courts traditionally processed these types of cases in a “cattle-call” fashion, with numerous cases being called simultaneously and resulting in large number of individuals in crowded and enclosed spaces. The Court noted in June that this method of processing eviction cases was inconsistent with safety protocol in place due to COVID-19 and would present a public health threat if removal of moratoriums on eviction filings resulted in a sudden increase in eviction filings once the court resumed full-capacity operations. Most notably, Order 2020-17 did three things:
The amendment extends compliance with Order 2020-17 through the end of 2020 in tandem with the CDC’s eviction moratorium and seeks to reduce “the possibility of further infection while ensuring that landlord/tenant cases are able to be filed and adjudicated efficiently.” Amendment to Administrative Order No. 2020-17. The above information provided by PLG attorney, Ellen Fornash, licensed in OH, KY and MI. With nearly all of Kentucky’s 120 counties in the “red zone” related to average daily coronavirus cases per population, the Kentucky Supreme Court has replaced and extended two prior mandates regarding in-person court appearances. Administrative Order 2020-71 replaces Administrative Order 2020-63, while Administrative Order 2020-72 replaces Administrative Order 2020-64. These Orders become effective November 30, 2020 and apply to all Kentucky counties. Most notably, entrance to judicial facilities will be reduced, hearings will be conducted remotely whenever possible, jury trials will be suspended until February 1, 2021 and judicial foreclosure sales will be conducted either remotely or outside and in accordance with CDC guidelines. The above information provided by PLG attorney, Ellen Fornash, licensed in OH, KY and MI. On November 24, 2020, the Ohio Legislature introduced House Bill 797, which would require each of Ohio’s 88 county recorders to make publicly available the ability to electronically record documents, including those related to conveyances of real property, no later than January 1, 2024. Additionally, county recorders would be required to make available online access to all instruments recorded since January 1, 1980. While recording and document preservation fees would still apply, the Bill proposes that no fee can be charged for the use of the online database to review recorded instruments. Currently, a handful of Ohio counties permit the electronic recording of instruments, while many still require the original document to be presented in person at the office of the county recorder. |
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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. |
Padgett Law Group and Padgett Law Group EP are D/B/As of Timothy D. Padgett, P.A. Timothy D. Padgett, P.A.'s practice areas include creditors' rights, estate planning and probate, real estate transactions and litigation. Not all practices or services are available in all states in which Timothy D. Padgett, P.A. practices.
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