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Padgett Wins in Federal Court, Obtains Sanctions Against Pro Se Litigant in Bankruptcy Case
Padgett Law Group (“PLG”) through its attorney, Seth J. Greenhill, Esq., successfully obtained a rare win for creditors in Federal Court by obtaining sanctions against a pro se litigant who filed a frivolous appeal. This aggressive advocacy on behalf of PLG’s client was necessary to put an end to this vexatious litigation and contributes to building case law that will assist other creditors’ rights attorneys in defense of their clients.
“The key takeaway is that it is critical to establish the record in the original litigation. This provides notice to the pro se appellant,” said Mr. Greenhill. He continued, “This is a requirement in order to have sanctions imposed. In addition, it is vital to review the appellant brief in order to determine if the issues have already been disposed of.”
Padgett Law Group is pleased to announce the hiring of Joshua R. Hopkins in the role of Supervising Attorney, REO & Title Operations. As the Supervising Attorney, Hopkins' first priority is overseeing the departments' compliance with requirements and regulations as they relate to investors and clients. In addition to departmental oversight and assisting with title and closing process questions, Hopkins is also responsible for managing client relationships and new business development for the departments.
Hopkins has over 20 years of industry experience, bringing his wealth of knowledge to creditor's rights clients in Tennessee and Georgia. "We often speak of The Padgett Law Group Difference, which is focused on expedient and exceptional client service. While implementing advanced technology solutions and qualitative compliance oversight, it's our top-notch team members that make the vision come alive. Joshua's unique skillset and exceptional client service ensure our REO & Title division will continue to meet and exceed client requirements."
Hopkins earned his Juris Doctorate from the Nashville School of Law after graduating with a Bachelor of Arts from the University of Tennessee-Knoxville. He is a member of the Tennessee Bar Association and currently serves as the Chair of the Education Committee of the Tennessee Land Title Association. He is based out of the firm's Atlanta, GA office. Reach out to Joshua at JHopkins@padgettlaw.net.
On Friday, July 14, 2017, the 1st DCA in Forero v. Green Tree Servicing, LLC, Case No. 1D16-2151 (1st DCA July 14, 2017) affirmed that the continuing nature of the default serves to make each foreclosure its own, distinct action, even though the initial date of default was the same as in prior foreclosure actions. Borrower’s appeal raised two main issues: 1) the foreclosure was barred as res judicata under the two dismissal rule (a 2nd voluntary dismissal of a case operates as an adjudication on the merits); and 2) the statute of limitations had expired due to the December 1, 2008 default date. This was the third foreclosure filed with the same 2008 default date and both of the prior foreclosures were voluntarily dismissed. In reaching its decision, the Court ruled, “…the foreclosure action was not rendered res judicata by the two previously dismissed foreclosure suits on the same note, and …the statute of limitations in section 95.11(2)(c), Florida Statutes, did not bar the action due to the inclusion within the allegations of at least some defaulted installment payments within five years of the date the complaint was filed.”
The Court followed the recent rulings in the Desylvester and Bollettieri cases from the 2nd DCA and Supreme Court cases Singleton and Bartram which address the “installment nature” of mortgages and joined the 2nd , 4th and 5th DCAs in confirming that allegations in the complaint of the continuing state of default satisfies the statute of limitations. The Padgett Law Group, through attorney Michael Ruff, represented the servicer in this case, which is a monumental victory that positively impacts Florida law on statute of limitations for lenders and servicers. Click the "read more" link below for the full decision.
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