Marchisio v. Carrington Mortgage Services, LLC, Case No. 17-10584 (11th Cir. 2019).
Reckless disregard consisting of multiple reporting mistakes can support a claim for violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq.Diversicare Management Services Co. v. The Estate Of Catt, Case No. 2D18-2554 (Fla. 2d DCA 2019).
Non-final appellate jurisdiction under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv) to determine whether a party is entitled to arbitration does not permit the appellate court to adjudicate other issues on appeal.Deutsche Bank, National Trust Company v. Quintela, Case No. 4D18-873 (Fla. 4th DCA 2019).
An attorney’s fees provision which provides “[l]ender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22 . . . ,” i.e., foreclosure, does not support an award of fees for a reformation action.Hanna v. Pennymac Holdings, LLC, Case No. 4D18-1400 (Fla. 4th DCA 2019).
A negative-amortization provision does not render non-negotiable an otherwise negotiable promissory note.
