Homeowners and consumers have got to love Florida’s Second District Court of Appeals. Here is a court that is strictly and fairly applying the law and simply holding the banks to follow the contracts and the rules that they drafted.
These are tough times in this battle, but when decisions like this come out, it should give us all hope and faith in the good men and women who serve this country, sitting on the bench and belting out good law.
And what is the ultimate outcome of decisions like this that correctly apply the law to foreclosure cases? Stability, consistent application of rules, a more equitable negotiating and mediation environment for all parties. This country, this state does not need one single other foreclosure to be filed. What we need is cooperation, mediation, the banks and the people that taxpayers that bailed them out working together to make mortgage payments that are equitable given the facts of each individual case.
There is hope for all of this yet……
In this case, Deutsche Bank failed to meet its summary judgment burden
because the record before the trial court reflected a genuine issue of material fact as to
whether Deutsche Bank had complied with conditions precedent to filing the foreclosure
action.
In Konsulian, we concluded that the bank was not entitled to summary
judgment because it had not established that it had met the conditions precedent to
filing suit. Id. at 1285. The record in that case did not establish that the bank had given
the defendant the notice which the mortgage required. Id. We reach the same
conclusion in this case.
