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Litigation Privilege did not Bar Action to Quiet Title after Voluntary Dismissal of Foreclosure Action

kashilawletter.com | June 1, 2014

R.H. Ciccone Properties, Inc. v. JP Morgan Chase Bank, N.A., ___ So. 3d ___, 39 Fla. L. Weekly D1044 (Fla. 4th DCA May 21, 2014)

After the bank voluntarily dismissed its foreclosure action against the seller, the buyer filed an action to quiet title against the bank.  The trial court dismissed the quiet title action based upon the litigation privilege, but the appellate court reversed.  (1) The litigation privilege is an affirmative defense in actions based upon the commission of common law torts and statutory violations.  (2) “The purpose of the litigation privilege is to ‘free [participants in litigation] to use their best judgment in prosecuting or defending a lawsuit without fear of having to defend their actions in a subsequent civil action for misconduct.’ . . . .  “In the [buyer’s] quiet title action, however, the bank would not have to defend its actions in the prior foreclosure action.  The bank would have to defend only the validity of the mortgage upon which it based its foreclosure action, if it even chooses to do so given its voluntary dismissal of the foreclosure action.”


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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 888-758-2352 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).

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