The Estate of Caldwell Jones, Jr. v. Live Well Financial, Inc.,Case No. 17-14677 (11th Cir. 2018).
12 U.S.C. § 1715z-20, which states the HUD Secretary“may not insure” a reverse mortgage unless it defers repayment obligations untilthe borrowing “homeowner” either dies or sells the mortgaged property (and defines “homeowner” to include the borrower’sspouse) does not limit a lender’s ability to demand repayment immediately following aborrower’s death, even if the non-borrowing spouse continues to live in themortgaged property.
The Bank of New York Mellon v. Glenville, Case No. SC17-954 (Fla. 2018).
The 60-day timeperiod for filing a petition for surplus foreclosure sale proceeds commences to run upon the Clerk of the Court filing the Certificate of Disbursements; Bank of New York Mellon v. Glenville, 215 So. 3d1284, 1285 (Fla. 2d DCA 2017), andStraub v. Wells Fargo Bank,N.A., 182 So. 3d 878, 881 (Fla. 4th DCA 2016), are disapproved.
Borowski v. Ferrer,Case No. 1D15-3358 (Fla. 1st DCA 2018).
An appellate court may reverse a final judgment which is internally inconsistent, including reversing a final judgment which removes a fence that causes an obstruction to a neighbor’s access easement but places the fence in a new location which causes a new obstruction to the neighbor’s access easement.
Sterling Breeze Owners’ Association, Inc. v. New Sterling Resorts, LLC, Case No. 1D17-1553 (Fla. 1st DCA 2018).
A declaration of condominium may exclude some parcels of airspace from the condominium, and upon doing so, the excluded parcels are not subject to the Condominium Act nor to responsibility under the Act.
Forbes v. Prime General Contractors, Inc.,Case No. 2D17-353 (Fla. 2d DCA 2018).
A nonbreaching party has the option to treat the breach as a breachof the entire contract, i.e., a total breach, and upon doing so may either treat thecontract as void and seek the damages that will restore him to the position he was in prior to entering into the contract, or may instead affirm the contract and seek damages for the “benefit of the bargain.” In breached construction contracts, the benefit of the bargain is “either the reasonable cost of completion, or the differencebetween the value the construction would have had if completed and the value of theconstruction that has been thus far performed.” Likewise, there is no duty to mitigate damages, and the Doctrine of Avoidable Consequences only prevents parties from recovering damages they “could have reasonably avoided.”
Inter American Coal, S.A. v. SHE DDF2-FL2, LLC, Case No. 3D18-1205 (Fla. 3d DCA 2018).
Seeking affirmative relief waives a party’s objection to service of process through publication.
Wells Fargo Bank, N.A. v. Elkind, Case No. 4D17-1213 (Fla. 4th DCA 2018).
A lender that voluntarily dismisses a suit is not entitled to a Nationstar Mortgage LLC v. Glass, 219 So. 3d 896,899 (Fla. 4th DCA 2017), determination of no attorney’s fees beigdue the borrower as a voluntary dismissal is not a judicial determination of no standing.