Resources > Important Decisions for Florida Homeowners

• Feltus v. U.S. Bank National Association, Second District, January 27, 2012 [Comment: similar to McLean -- Bank must show that it took possession of note before filing the action.]

• Land Development Services, Inc. v. Guilf View Townhomes, LLC, Second District, December 21, 2011 [Comment: "The party moving for summary judgment has the burden to establish irrefutably that the nonmoving party cannot prevail were a trial to be held. ... Thus, summary judgment 'is not a substitute for a trial on the merits.'" (emphasis original)]

• McLean v. JP Morgan Chase Bank, Fourth District, December 14, 2011 [Comment: Bank must show that it had standing as of the filing of the case.]

• Gee v. U.S. Bank National Association, Fifth District, September 30, 2011 [Comment: Ice Legal Case.  Summary Judgment against homeowner reversed where judgment had been entered on grounds that were not raised in the motion.]

• Glarum v. LaSalle Bank National Association, Fourth District, September 7, 2011 [Comment: Ice Legal Case. Summary Judgment Affidavit is inadmissible hearsay where affiant was not qualified as a records custodian or was otherwise competent to establish the business records hearsay exception.]

• South Bay Lakes Homeowners Association, Inc. v. Wells Fargo Bank, N.A., Second District February 18, 2011 [Comment: Attorneys fees awarded where summary judgment granted against bank on standing. Court finds that Stern should be held to higher standard, not lower, due to high volume of foreclosure cases:

At oral argument, the bank's attorney tried to justify this improper filing due to the vast volume of foreclosure cases in the judicial system. While this court is well aware of the volume of these cases, that circumstance is not a matter that relieves the bank and its attorneys of their obligation to file pleadings that are adequately supported by a reasonable investigation prior to suit. If anything, the volume of these cases and the obvious detrimental effect that such volume has upon the legal system should be a factor requiring attorneys who file the actions to engage in a higher degree of professionalism]

• New Jersey Administrative Order Directing Submission Of Information From Residential Mortgage Foreclosure Plaintiffs Concerning Their Document Execution Practices To A Special Master, December 21, 2010  [Comment: summarizes bank litigation abuses across the nation and determines that the courts should proactively work to stop them.  This order cites to a number of depositions of robo-signers taken in Florida cases, including three taken by Ice Legal, P.A. in Palm Beach County cases.]

• Kwong v. Countrywide Home Loans Servicing, Fourth District December 15, 2010 [Comment: Ice Legal case. Reaffirms that the process server must write all required information on the copy of the papers delivered to the homeowner: the date, time, his or her initials and identification number.  Failure to do so can invalidate service.]

• Bennet v. Christiana Bank, Third District, December 1, 2010  [Comment: This is a service of process case involving Pro-Vest.  Meritorious defense unnecessary where service of process improper.  Numerous questionable charges pointed out in the summary judgment to be addressed on remand.]

• Servedio v. US Bank, N.A. Fourth District, October 27, 2010 [Comment: summary judgment reversed where note and mortgage were not authenticated, filed, and served more than twenty days before the hearing.]

• Vidal v. Suntrust, Fourth District, August 4, 2010 [Comment: Ice Legal Case]

• Lazuran v. Citimortgage, Inc.,Fourth District, June 9, 2010 

• Verizzo v. Bank of New York, 28So.3d 976 (Fla. 2d DCA 2010). [Comment: Original documents must be filed with the trial court at least 20 days before summary judgment hearing].

• HSBC Bank USA v. Eslava, Case No. 1-2008-CA-055313 (Miami-Dade County). [Comment: Judge Bailey, former Chair of the Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases dismisses bank's case with prejudice as a sanction.]

• Supreme Court Decision changing rule to require verification of foreclosure complaints 

• BAC Funding Consortium Inc. v. Jean-Jacques, Second District, February 12, 2010

• Summary judgment hearing transcript in GMAC Mortgage LLC v. Visicaro, Case No.07013084CI (Pinellas County). [Comment: Court rules that inadmissible hearsay evidence cannot support summary judgment, but warns that admissibility of evidence is an objection that is often waived in undefended cases.]

• Show cause hearing transcript in Bank of America, N.A. v. Keaton, Case No. 09-7541 (Hillsborough County). [Comment: Bank's attorneys ordered to show cause why they filed a summary judgment motion claiming the promissory note was lost on the same day that they filed a notice purporting to file the original note with the court.  High profile bank's counsel, Roy Diaz, Esq., explains that only ten percent of the files actually have a lost note problem (p. 52).]