McGinnis v. American Home Mortgage Servicing, Inc.,Case No. 17-11494 (11th Cir. 2018).
An award of $3,506,000 in damages ($6,000 for economicinjury, $500,000 for emotional distress, and $3,000,000 in punitive damages) for a wrongful foreclosure where the jury found intentional conduct, including placing disputed mortgage payments into a suspense account, is not excessive.
Derouin v. Universal American Mortgage Company, LLC, Case No. 2D17-1002 (Fla. 2d DCA 2018).
The appellate record must clearly show a “face to face” meeting under 24 C.F.R. § 203.604 when the failure to conduct the meeting is properly raised under the pleadings.
Chakra 5, Inc. v. The City of Miami Beach, Case No. 3D16-2569 (Fla. 3d DCA 2018).
Accrual of a landowner’s 42 U.S.C. § 1983 claim against a government is determined by federal, not state law, and the statute of limitations begins to run when plaintiffs know or should have known”(1) that they have suffered theinjury that forms the basis of their complaint and (2) who has inflicted the injury.”
Torres v. Bank Of New York, Case No. 4D17-1625 (Fla. 4th DCA 2018).
A borrower that successfully defends on the basis of failure to lender to prove entitlement to enforce the note is not entitled to an award attorney’s fees but is entitled to an award of costs under Florida Statute section 57.041(1) and Florida Rule of Civil Procedure 1.420.
Sacks v. The Bank Of New York Mellon, Case No. 4D17-2122 (Fla. 4th DCA 2018).
The “trustworthiness” requirement of Bank of N.Y. v. Calloway, 157 So. 3d 1064(Fla. 4th DCA 2015), is not satisfied if the evidence (an affidavit in this case) does not reflect the steps taken by the affiant to verify the accuracy of the financial records.