DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT statewide homeowners solutions, LLC, Appellant, v. NATIONSTAR MORTGAGE, LLC, Appellee. No. 4D13-3467 [December 9, 2015] Appeal from the Circuit Court for the fifteenth judicial circuit, Palm Beach County; Howard Harrison, Judge; L.T. Case No. 2011CA020936.
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Earlier this month, the Supreme Court in Garcia v.Andonie, provided guidance on Florida’s Homestead property tax exemption, and provided a favorable ruling for property owners. The Supreme Court ruled that Fla. Stat. 196.031(1) is invalid and unenforceable to the extent that it imposes a requirement not contained in Florida’s Constitution.
NEW YORK, Feb 8 (Reuters) – Florida’s highest court has ruled a homeowner cannot re-open a voluntarily dismissed foreclosure case despite allegations that the bank falsified documents, giving a win to banks in a closely watched ruling that could have affected thousands of cases in a state hit hard by the foreclosure crisis.
Under a florida supreme court ruling, a person can transfer unprotected, non-exempt assets to his homestead at any time by either buying a new home or reducing the principal balance of an existing mortgage. In this way, the person can protect this money under the homestead umbrella, even if the asset transfer was clearly designed to protect.
Florida Supreme Court to rule on the Five Year Statute of Limitations by J. Guggenheim In Florida, a five-year statute of limitations rule may prevent banks from being able to foreclose despite ongoing litigation. As a result of this rule, mortgage servicers are actively attempting to preserve their right to foreclose pending the Florida Supreme Court Decision.
The Florida Supreme Court recently ruled that when a homeowner legitimately defeats the bank in a foreclosure case, regardless of the reason, the bank is required to pay the homeowner’s attorney’s fees. The Oppenheim Law team recently had the honor of filing a friend-of-the-court brief (otherwise known as an amicus curiae brief) in the case of Glass v.
The Florida Supreme Court ruled definitively Thursday that a foreclosure defendant cannot compel a court to reinstate a voluntarily dismissed case for the purpose of attempting to prove a fraud on.