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Judgment Granting Relief Wholly Outside the Pleadings is Void

In The Bank of New York Mellon v. Reyes, No.: 3D12-1900 (Fla. 3d DCA 2013), the Bank appealed the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid promissory note. The action began when the Bank filed a complaint to foreclose a mortgage securing […]

Governor Scott Signs Mortgage Foreclosure Bill

On June 7, 2013, Gov. Rick Scott signed HB 87 ("Bill"). With Scott’s signature, the Bill became effective. The Legislature intends for this Bill to help expedite the foreclosure process. Supporters of the Bill believe it addresses the problem of blighted neighborhoods from vacant properties locked in foreclosure litigation, cases becoming log jammed in the […]

The Importance of Strict Compliance with Notice of Default Provisions in Loan Documents

In Judy v. MSMC Venture, LLC, 100 So. 3d 1287 (Fla. 2d DCA 2012), a mortgagee brought a foreclosure action.  At issue were two promissory notes executed by Thomas and Jill Judy in favor of Market Street Mortgage Corp., who was the defendant, MSMC Venture, LLC’s predecessor-in-interest.  In August 2007, MSMC sent a notice of […]