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Monthly Archives: October 2013

Will the Florida Supreme Court Chip Away at the Defenses Available in Foreclosures?

By Oct 14, 2013 Posted in News

By Michael Cotzen and Jennifer Murillo Last month, the Second District Court of Appeals entered an opinion in the case of Focht v. Wells Fargo Bank, N.A., which stands to change the current defenses available to homeowners facing foreclosure. It is well-established law that a bank, at the time it forecloses, must have standing to sue.  Country Place Cmty. Ass’n v. J.P. Morgan Mortg. Acq. Corp., 51 So. 3d 1176, 1179 (Fla. 2d DCA 2010).  Consider […]

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