Thursday, June 30, 2016

Florida Appellate Courts "explode" with foreclosure reversals

There has been an explosion in the Florida District Courts of Appeal (DCAs) of foreclosure reversals. Starting in the later half of 2015, there have been around 5-10 opinions per month reversing the lower court's foreclosure judgments rendered in favor of the bank.  The Appellate Justices have finally noticed that numerous banks file foreclosure actions in the trial court without having any relation to the underlying loan or the property.  And people wondered about the multi-year backlog of foreclosures in the Florida Courts and the necessity to recall retired judges to help out...  The problem would have been far less significant if the decisions listed below had started to come out in 2010 instead of 2016.  Apparently, there is truth in the allegation that courts are sometimes just slow rather than corrupt.  Although, of course, one does not exclude the other... ;-)

Here is a sample (only back to February 2016) of the litany of recent foreclosure reversals for lack of the alleged creditor's sanding at the inception of each suit:

Floyd v. Bank of America, N.A., 5D13-4416 (Fla. 5th DCA, June 24, 2016)

Frost v. Christiana Trust, No. 4D15-534 (Fla. 4th DCA., June 22, 2016)

Cruz v. JPMorgan Chase Bank, Nat'l Ass'n, No. 4D14-3799 (Fla. 4th DCA, June 15, 2016)

Magaldi v. Deutsche Bank Nat'l Tr. Co., No. 4D15-1043 (Fla. 4th DCA, 2016)

Vogel v. Wells Fargo Bank, N.A., No. 4D15-132 (Fla. 4th DCA, 2016)

Jallali v. Christiana Trust, No. 4D14-2369 (Fla. 4th DCA, June 8, 2016)

Segall v. Wachovia Bank, N.A., No. 4D14-4424 (Fla. 4th DCA 2016)

Green v. Ocwen Loan Servicing, LLC (Fla. 4th DCA, May 31, 2016)

Rosa v. Deutsche Bank Nat'l Trust Co. (Fla. 2nd DCA, May 13, 2016)

Robelto v. U.S. Bank Trust, N.A., No. 4D14-4721 (Fla. 4th DCA, May 4 2016)

Reynolds v. Nationstar Loan Servs., LLC (Fla. 4th DCA, 2016)

7825 Myrtle Oak Lane, LLC v. Bank of N.Y. Mellon (Fla. 5th DCA, April 2016)

Bowmar v. SunTrust Mortg., Inc. (Fla. 5th DCA, 2016)

Sorrell v. U.S. Bank Nat'Lass'N (Fla. 2nd DCA, 2016)

Braga v. Fannie Mae (Fla. 4th DCA, 2016)

Elman v. U.S. Bank, N.A. (Fla. 4th DCA, April 6, 2016)

Sosa v. Bank of N.Y. Mellon (Fla. 4th DCA, March 23, 2016)

Dhanik v. U.S. Bank Nat'l Ass'n (Fla. 5th DCA, March 2016)

Geweye v. Ventures Trust 2013-I-H-R (Fla. 2nd DCA, March 16, 2016)

Rincon v. HSBC Bank U.S., NA, 5D14-1013 (Fla. 5th DCA, Feb. 2016)

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