'It's Starting to Look Political': Appeals Court Reverses Attorney Fees for Homeowner in Foreclosure Case

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‘It’s Starting to Look Political’: Appeals Court Reverses Attorney Fees for Homeowner in Foreclosure Case

‘It’s Starting to Look Political’: Appeals Court Reverses Attorney Fees for Homeowner in Foreclosure Case

The appellate panel found that because homeowner Farshadi Faramarz had argued U.S. Bank N.A. and Nationstar had no standing to sue him under the contract, that took away his right to fees from those parties under that same contract. The Fourth District Court of Appeals relied on Nationstar v. Glass, which has a shaky history.

LAW-

A homeowner who prevailed in a foreclosure case missed out on an award of $104,700 in attorney fees and costs Wednesday, when the Fourth District Court of Appeal reversed a trial court’s order allowing it.

The appellate panel found that because Farshadi Faramarz had used a lack of standing defense to get the lawsuit dismissed, that took away his right to fees.

Repeating a line from a previous opinion, the Fourth DCA stressed that “the borrower cannot have it both ways,” meaning they can’t claim the financial institution lacks standing, but then use contractual links to obtain attorney fees from that same plaintiff.

[LAW.COM]

 

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