The Home Equity Theft Reporter: Florida Appeals Court Revisits Earlier Ruling Dealing With Two Lenders Simultaneously Foreclosing The Same Mortgage In Separate Legal Actions

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ORDERED that the appellee Wells Fargo Home Mortgage’s September 3, 2015 motion for attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorneys’ fees to be awarded for this appellate case.

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In Bartram v. U.S. Bank Nat. Ass’n, 211 So. 3d 1009 (fla. 2016), the Florida high court reasoned "the installment nature of a loan secured by such a mortgage continues until a final judgment of foreclosure is entered and no action is necessary to reinstate it via a notice of ‘deceleration’ or otherwise."

Before the closing on the property, the Bank informed the Pates that it would close on the home equity loan "later," after the mortgage loan was issued. The Bank later refused to issue the home equity loan, in part on the ground that the appraisal issued by Homefocus was flawed.

Sanctions – Remember that if you act disrespectful to the Court or opposing attorney, or if you lie in your court pleadings or under oath at trial, the Court has the power to sanction you by either assessing a fee or ruling for the opposing party.