The Florida Fourth District Court of Appeals finds that the recent Florida Supreme Court case of Bartram v. U.S. Bank, NA, 211 So.3d 1009 (Fla. 2016) does not require that a second foreclosure action be based on a new default date occurring after the dismissal of the prior foreclosure suit. Specifically, a note and mortgage […]

Third-party purchaser loses certificate of title on appeal. In Diaz v. U.S. Bank, N.A., (3rd DCA 2018) the Court found that the trial court erred in denying the objection and motion to vacate sale, where the foreclosure sale was conducted while a motion for rehearing, directed at the final judgment, remained pending. The third-party purchaser’s […]

“Paid under protest, with a reservation of all rights.” The facts in Hemingway Villa Condo. Owners Ass’n, Inc. v. Wells Fargo Bank (3rd DCA 2018) show that the bank paid the entire disputed amount claimed due by the Association and then sued and won in a lawsuit claiming the bank was entitled to safe harbor […]