Appellate court reverses foreclosure rulings

Miami /
Oct.October 27, 2014 02:15 PM

An appeals court threw out evidence in three foreclosure cases in what appears to be the start of a trend, according to the Daily Business Review.

The First District Court of Appeals said the trial courts in two of the cases should dismiss the suits outright in favor of the homeowners and ruled the lenders’ witnesses were unqualified, the report said. The decisions may be the first to strike down “robo-witnesses” against homeowners with lenders as plaintiffs.

According to defense attorney Thomas Ice of Royal Palm Beach, bank attorneys typically go to trial in foreclosure cases with a witness who has no understanding of a mortgage history, because the loans change hands, sometimes multiple times.

The report said the decisions could become effective statewide if the 30-day deadline for filing a motion for a rehearing expires with additional steps by the lender. [Daily Business Review] – Jennifer White Karp


Related Articles

arrow_forward_ios
Variety Hotel (iStock)
Miami Beach hotel heads to foreclosure auction
Miami Beach hotel heads to foreclosure auction
Developer Louis Birdman (One Thousand Museum, Getty)
One Thousand Museum developers score $90M refi to stave off foreclosure
One Thousand Museum developers score $90M refi to stave off foreclosure
A rendering of the the property at 3601 North Miami Avenue and HES Group CEO Francisco Arocha (Photos via HES, Francisco Arocha)
Midtown Miami Triptych dev site owner files for Chapter 11 amid foreclosure
Midtown Miami Triptych dev site owner files for Chapter 11 amid foreclosure
Simon and David Reuben with One Thousand Museum (Getty, iStock)
Reuben Brothers seeks to foreclose on Zaha Hadid-designed One Thousand Museum
Reuben Brothers seeks to foreclose on Zaha Hadid-designed One Thousand Museum
Clockwise: 310-318 Northwest 25th Street, Chaim Cahane, Jonathon Yormak and Jon Krasner 
Wynwood developer sells retail property in foreclosure for $12M
Wynwood developer sells retail property in foreclosure for $12M
Miami-Dade Mayor Daniella Levine Cava (Getty, iStock)
Miami-Dade resumes pre-pandemic evictions after unannounced February break
Miami-Dade resumes pre-pandemic evictions after unannounced February break
Westime owner Jean Simonian and Washington Park Hotel. (Facebook via Westime and Washington Park Hotel)
Ladder Capital sells Witkoff’s Miami Beach hotel for $44M
Ladder Capital sells Witkoff’s Miami Beach hotel for $44M
Southland Mall in Cutler Bay (Google Maps)
Lender takes control of struggling Southland Mall in Cutler Bay
Lender takes control of struggling Southland Mall in Cutler Bay
arrow_forward_ios

The Deal's newsletters give you the latest scoops, fresh headlines, marketing data, and things to know within the industry.

Loading...