Weakley v. Eagle Logistics,Case No. 17-14022 (11th Cir. 2018).
Dismissal of a Chapter 13 case in which the Debtor took positions inconsistent with those taken in another case does not moot judicial estoppel considerations.
Felts v. Wells Fargo Bank, N.A., Case No. 16-16314 (11th Cir. 2018).
A lender’s reporting a debtor as delinquent during a forbearance plan does not violate theFair CreditReporting Act, 15 U.S.C. § 1681 et seq.
RREF SNV-FL SSL, LLC v. Shamrock Storage, LLC, Case No. 1D16-2045 (Fla. 1st DCA 2018).
The transfer of a valueless asset, by definition, is not a fraudulent conveyance.
Chrzuszcz v. Wells Fargo Bank, N.A.,Case No. 1D16-3239 (Fla. 1st DCA 2018).
The burden to prove an issue shifts back to the plaintiff when the defendant specifically denies a plaintiff’s general allegations of compliance with conditions precedent. Accordingly, plaintiff must prove a “face-to-face” meeting under HUD regulations took place to foreclose a HUD loan.
Green Emerald Homes, LLC v. Residential Credit OpportunitiesTrust, Case No. 2D17-4410 (Fla. 2d DCA 2018).
A mortgage that defines “borrower” as the individuals signing the mortgage (and not subsequent property owners or successors of “borrower”) does not require subsequent owners to sequester rents despite the existence of an assignment of rents clause in th mortgage.