TUESDAY, SEPTEMBER 2 **OPERATING HOURS UPDATE**
Padgett Law Group (PLG) will not experience any interruptions in the firm's regular operating hours due to inclement weather.
FRIDAY, AUGUST 30 **COURT CLOSURE UPDATE**
The Courts of the Fifteenth Judicial Circuit will close at noon on Friday, August 30, 2019 due to the pending storm. The Courts are closed on Monday, September 2nd for Labor Day and expected to reopen at 8 a.m. on Tuesday, September 3, 2019.
HURRICANE DORIAN STATEMENT
Padgett Law Group (PLG) is closely monitoring the advance of Hurricane Dorian as it moves toward Florida, where PLG practices and serves the state through three physical offices in Fort Lauderdale, Tampa, and Tallahassee. PLG will provide information regarding court closures or other impacts of the storm as it becomes available.
With over 25 years experience in Florida, PLG is fully prepared and anticipates no interruption of systems or services. The most recent updates regarding court closures in Florida can be accessed 24 hours a day here. For those in the path of Hurricane Dorian, we hope for the safety of you and your families.
Keena Newmark, Esq., Managing Attorney, Bankruptcy, Recognized as Top Five Finalist for Five Star Rising Business Leader Keynote Award
Padgett Law Group (PLG) is pleased to announce that the firm's Managing Attorney of Bankruptcy, Keena Newmark, Esq., has been recognized by the Five Star Institute, host of the annual Five Star Conference & Expo, as a top five finalist in the category of Rising Business Leader for the 2019 Keystone Women in Housing Awards. Recipients will be recognized at the 2019 Five Star Conference during the Women in Housing banquet on Wednesday, September 25, 2019.
Newmark is recognized four other industry-leading women: Nicole Booth, VP of Public and State Government Affairs, Quicken Loans; Emily Chavarriaga, Government Services Operations Specialist, Bayview Loan Servicing, LLC; Gina Daya, AVP, Foreclosure, Fay Servicing, LLC; and Tomaneci Waller-Day, Director, Employees and Suppliers, office of Inclusive Engagement, Freddie Mac.
"We are exceptionally proud when the industry recognizes something we pride ourselves on: #PadgettPeople lead the industry with integrity, talent, and a laser-focus on doing the absolute best possible work," said Chief Development Officer Robyn Padgett. She added, "Keena leads a practice that is critical to the success of PLG and I see every day how her skills and energy impact our employees and clients. We are grateful to Five Star for recognizing Keena's work."
The final award recipient will be announced on September 25 during the Five Star Conference. In addition to the Rising Business Leader Award, other categories include Cultural Leader; Community Leader; Diversity & Inclusion; and the Laurie A. Maggiano Legacy Award.
Newmark is based in the firm's Dallas, Texas office and she can be reached at Keena.Newmark@PadgettLawGroup.com.
“The fact that the trust identified in the complaint is somewhat different from the trust identified in the mortgage assignment does not create a defect in standing as a holder of the note that can be resolved on a motion to dismiss.”
On August 2, 2019, the Fifth District Court of Appeal in Wells Fargo Bank, N.A., as Trustee for the Mastr Asset Backed Securities Trust 2007-Ncw Mortgage Pass-Through Certificates Series 2007-NCW v. Stephenson, Case No. 5D18-733, 44 Fla. L. Weekly D2001a (Fla. 5thDCA August 2, 2019), held that as the Plaintiff had filed the Complaint with a copy of a note with a blank endorsement, and had alleged that it was the holder of the note, and had filed a certificate of possession with a copy of the blank endorsed note, that the discrepancy between the Plaintiff name and the assignment of mortgage did not create a defect in standing.
“Assignment of Mortgage that assigned the Note that was dated three years prior to the filing of the Complaint, that was attached to the Complaint at the time of filing was sufficient to establish standing.”
On July 26, 2019, the Second District Court of Appeal in Wells Fargo Bank, N.A., as Trustee for the Certificate Holders of Bank of America Mortgage 2007-1 Trust, Mortgage Pass-Through Certificates, Series 2007-1, Appellant, v. Cook, Case No. 2D17-3913, 44 Fla. L. Weekly D1921b, (Fla. 2nd DCA July 26, 2019), held that “the Plaintiff had standing to bring the action, as the Plaintiff had attached an assignment of mortgage that transferred the note that was dated almost three years prior to filing suit with the Complaint, and with the Plaintiff later on introducing the original note with a blank endorsement from the original lender to Plaintiff.” This case is not yet final.
Contact Marissa Yaker, Esq. here.
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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.
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