In the case of Sill v. JPMorgan Chase Bank National Association, Michael Sill appealed a final judgment of foreclosure entered in favor of JPMorgan Chase Bank ("Chase"), in which he asserted three issues. 4D14-1014, 2016 WL 67256 (Fla. 4th DCA Jan. 6, 2016). Of note, is Mr. Sill's third contention arguing that Chase was required to send a new notice of default after it voluntarily dismissed the first suit and before it filed the second suit. The Fourth DCA affirmed on all issues, but it wrote an opinion to address the sole issue of whether a new notice of default was required to be sent by ...
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Tags: burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, florida, foreclosure, Fourth District Court of Appeal, JPMorgan Chase Bank, lenders, Michael Sill, mortgage, mortgage foreclosure action
As the foreclosure crisis dies down, lenders are seeing more creative tactics employed to stall foreclosures. One tactic is that during the pendency of the first lien holder's foreclosure, the borrower will convey title, or title will pass through a junior lien holder's foreclosure action, to an outfit that rents the property out for a profit. The longer the first lien holder's foreclosure takes, the more profitable this tactic becomes. Unsatisfied with simply waiting for the foreclosure or even subsidizing a borrower's foreclosure defense tactic, some of these outfits have taken ...
Posted in: Florida, Foreclosure
Tags: burr forman, Consumer Finance Litigation, Consumer Finance Litigation & Arbitration, Consumer Finance Litigation blog, florida, foreclosure, lenders