South Florida Court Ruling Is a Catch-22 for Foreclosure Defendants Looking to Collect Attorney Fees

Categorized | STOP FORECLOSURE FRAUD

South Florida Court Ruling Is a Catch-22 for Foreclosure Defendants Looking to Collect Attorney Fees

South Florida Court Ruling Is a Catch-22 for Foreclosure Defendants Looking to Collect Attorney Fees

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]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Comments

comments

This post was written by:

- who has written 8973 posts on FORECLOSURE FRAUD | by DinSFLA.

CONTROL FRAUD | ‘If you don’t look; you don’t find, Wherever you look; you will find’ -William Black

Contact the author

Leave a Reply

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives