Not entitled to prevailing attorney fees if not a party to the mortgage.On February 2, 2018, the Fifth District Court of Appeal released the opinion of PNC Bank, Nat'l Ass'n v. MDTR, LLC, No. 5D16-2887, 2018 WL 663792, (Fla. Dist. Ct. App. Feb. 2, 2018), in which the Court held that “a party that was not a party to the mortgage contract was not entitled to prevailing party’s attorney’s fees under provisions of mortgage upon voluntary dismissal of foreclosure complaint.”
Where a party prevails by arguing the Plaintiff failed to establish standing, the party cannot simultaneously seek to take advantage of a fee provision in the same contract. On February 7, 2018, the Fourth District Court of Appeal in Sabido v. Bank of New York Mellon, No. 4D16-2944, 2018 WL 735950, (Fla. Dist. Ct. App. Feb. 7, 2018), held that “where a party prevails by arguing the Plaintiff failed to establish standing, the party cannot simultaneously seek to take advantage of a fee provision in the same contract.” See also Nationstar v. Martins, Case No. 4D17-1140 (March 7, 2018); Lakmaitree v. 21st Mortgage Corporation, 4D17-1263 (March 7, 2018). *Important to note this case also discusses, Nationstar Mortgage LLC v. Glass, 219 So.3d 896 (Fla. 4th DCA 2017)(holding to be entitled to fees ... the movant must establish that the parties to the suit are also entitled to enforce the contract containing the fee provision). The Supreme Court recently has accepted jurisdiction over Glass.
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