In the vast majority of foreclosure cases that I am currently defending in the Tampa/St. Petersburg area the Plaintiffs who are named in the foreclosure case have failed to perform any or many of the acts which are often required before they may be legally entitled to file the foreclosure. In a recent appelate court case, from the Fourth Judicial Circuit in Florida, the appelate court reversed the lower trial court for failing to consider that the Plaintiff had in fact failed to perform acts it was supposed to do. This reversal represents an important victory for foreclosure defense strategy and any homeowner or defense attorney should be familiar with the case.
Specifically, the mortgage required the lender to provide notice and an opportunity to cure the default prior to filing foreclosure, but the homeowner alleged that the lender failed to do so. The lower court granted foreclosure anyway, but the appeals court reversed the court, making it clear that this allegation must be taken into consideration prior to granting foreclosure. The case, Frost v. Regions Bank, is an important recognition of borrower’s rights that I am currently using in my defense practice. There are a variety of good cases coming out of various circuits and appelate courts around the state….stay tuned for more information or visit my website at www.mattweidnerlaw.com for more information.
