On April 1, 2020, Florida’s Third District Court of Appeal released its opinion in the case 78D Team, LLC v. U.S. Bank, N.A., etc., 3D 19-1708 (Fla. 3d DCA April 1, 2020). In this appeal, Burr successfully defended an appeal that challenged a payments order under Florida Statute 701.10(2), which permits trial courts in Florida to enter an order requiring monthly mortgage payments be made in foreclosure actions that do not involve owner occupied residential real estate. If payments are not made following such an order, the trial court can order the eviction of the property’s ...
The Florida Third District Court of Appeal released an opinion which dramatically alters the landscape of foreclosure law in Florida. The opinion is Deutsche Bank Trust Company Americas, v. Harry Beauvais, et al., No. 3D14-575, and it rewrites much of what you thought you knew about the statute of limitations for mortgage foreclosure. Specifically, the opinion adopts an extremely narrow reading of the Fifth District Court of Appeal's ruling in Bartram v. U.S. Bank N.A., 140 So. 3d 1007 (Fla. 5th DCA 2014) and certifies conflict with the Fourth District Court of Appeal's ruling in ...
Florida's Third District Court of Appeal issued an opinion[1] today that provides further guidance in determining the date of accrual of a cause of action in a subsequent mortgage foreclosure action and addresses the nature of contractual conditions precedent to acceleration of debt. In the case of Richard Hubert Snow, et al. vs. Wells Fargo Bank, N.A., as trustee, 3D14-1547, the court affirmed the final judgment of foreclosure and rejected appellants' argument that the action was barred by the statute of limitations. Burr & Forman LLP was appellate counsel for the appellee, Wells ...