This case arose when respondents commenced an action to foreclose a mortgage against petitioner. At issue was whether Florida Rule of Appellate Procedure 9.350 required the court to dismiss a case after the court had accepted jurisdiction based on a question certified to be one of great public importance and after the petitioner had filed his initial brief on the merits.
QUINCE, J. Marie Ann Glass seeks review of the decision of the Fourth District Court of Appeal in Nationstar Mortgage LLC v.Glass, 219 So. 3d 896 (Fla. 4th DCA 2017), on the ground that it expressly and directly conflicts with Bank of New York v. Williams, 979 So. 2d 347 (Fla 1st DCA 2008), on the question of whether a voluntary dismissal provides a basis for being considered the prevailing.
The case is Marie Ann Glass v. Nationstar Mortgage, LLC, et al., Case no, SC17-1387. The opinion being appealed, which is a must read for lender’s counsel, can be found at Nationstar Mortgage LLC v.
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The high court sided with borrower Marie Ann Glass, who was seeking attorney fees from plaintiff Nationstar Mortgage LLC after the dismissal of a foreclosure. Wrubel, who feared the Fourth DCA.
After establishing that Nationstar Mortgage, LLC ("Nationstar") was not the holder of the note secured by his property at the time it filed a mortgage foreclosure suit and, therefore, lacked standingto maintain its suit , Joselito Martins sought and was awarded fees pursuant to the attorneys’
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. F. OURTH . D. ISTRICT. NATIONSTAR MORTGAGE LLC and U.S. BANK NATIONAL ASSOCIATION, as trustee for the benefit of Harborview 2005-2 Trust Fund, Appellants, v. FARSHADI FARAMARZ, Appellee. No. 4D18-347 [June 26, 2019] Appeal and cross-appeal from the Circuit Court for the Seventeenth
The Florida Supreme Court released an opinion in Glass v.Nationstar, SC17-1387 with widespread implications in contract litigation, and mortgage foreclosure litigation in particular, as it relates to attorney’s fee entitlement.In Nationstar Mortgage LLC v.Glass, 219 So. 3d 896 (Fla. 4th DCA 2017) the Fourth District Court of Appeal held that where a borrower prevails on the issue of standing.
Wells Fargo Bank NA v. Paul M. Hufford et al, foreclosure. PNC Bank NA v. Michael J. Coller et al, foreclosure. PNC Bank NA v. Franklin D. Haring et al, foreclosure. Nationstar Mortgage LLC v..