Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide

by Neil Garfield | January 9, 2019

Today (hat tip to Greg Da Goose) I received an article published by Burr Forman (bank lawyers) that admitted that the ruling was surprising and also projected that the ruling could have far reaching implications under various proceedings and laws.

Here are some notable quotes from the Burr Forman analysis:

“In a surprising opinion, the Florida Supreme Court determined that the Fourth DCA's opinion "both misstates the basis of the trial court's ruling on Glass's motion for dismissal and fails to address Glass's motion for appellate attorney's fees based on the voluntary dismissal." Notably, the Florida Supreme Court found that the trial court had dismissed the case based on pleading defects in the Complaint, not based on an express finding that Nationstar was not in privity with the note and mortgage.”

Editor’s Note: The author was right to zoom in on that language. Here is the real problem. If a court finds that there was a lack of privity, then it is arguable that the named claimant could never bring the foreclosure action again. (this is more complicated that it appears). So the lawyers for the claimant do not want an express finding of lack of privity unless the express finding is limited to “before suit was filed.” The homeowner’s lawyers on the other hand have a two pronged issue: a finding of no privity does support a wrongful foreclosure action and related torts and breach of statute etc., but it may at the same time bar an award of attorney fees.

The author finds the opinion has contradictory statements. But I find that the Court is finally addressing the real issue, slowly perhaps, that the foreclosure claimants either do not exist or have no right, justification, title, interest or authority to be party to a foreclosure action.

The Florida Supreme Court is signaling that it will look at issues that were previously ignored. And the Court is not stupid: the implications of homeowners winning so many foreclosure cases is that the foreclosure cases are winnable. By inference, the Court is saying “if these are ‘standard foreclosure cases’ as counsel recites in the opening statement in court, then why are so many failing?”

The lawyers for the banks and servicers might have shot themselves in the foot or as Mayer calls it “stepped on a rake.”

First, by filing appeals on fee awards, they were going off of an ad hoc plan instead of the bank playbook. They highlighted the fact that homeowners were winning their cases — something the banks have meticulous about keeping out of the press.

By appealing orders awarding fees they directly put the issue of privity — the relationship between the parties — directly in issue. They will never survive scrutiny on the issue because they changed the debt in the note into an unrecognizable obligation of an investment bank that was using some sort of “Trust” name as a fictitious DBA name. And so they can never assert any conclusions of fact or law that says otherwise.

This cycle of appeals brought by the banks may well have accomplished what homeowners have been trying to do for the last two decades — raise the issue of whether the real party in interest is at the table or in the courtroom.

 

 

Order Cutting-Edge Services Now   Quiet Title Packages from Licensed Attorneys
     
CFLA Sponsored Attorney Links   CFLA Training Academy

 

 

Back to January 2019 Archive

 

"CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea–it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-CFLA (2352) for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online)".

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us at 888-758-CFLA (2352)

Bookmark and Share

spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin

 
BBB Logo

 

spacer

Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload

  • Should be Empty:

 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

Advocate Legal

 

The True News Network

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Foreclosure Defense LLC

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2017 Certified Forensic Loan Auditors ™ All rights reserved