Law-
A successful foreclosure defense strategy later proved problematic for homeowners who couldn’t collect appellate attorney fees despite being the prevailing party.
Borrowers Frederick and Jonelle Sabido argued the Bank of New York Mellon lacked legal standing to foreclose on their property because it was not a signatory on the promissory note and mortgage.
But that winning argument would come back to bite them when a state appellate court didn’t force the bank — which it agreed was not a party to the contracts — to pay legal fees under provisions of that same mortgage and Florida Statute Section 57.105(7), which allows winners to recoup legal expenses.
In other words: Defendants can’t have it both ways.
[LAW.COM]
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