COLLECTION OF FORECLOSURE FLORIDA APPEAL CASE LAW
The Trend: Borrowers Win Foreclosure Appeals
What’s the overwhelming trend in foreclosure cases in the last two years? Borrower wins.Just look at these cases, all from 2009 or later, and notice the trend:Goncharuk VerizzoBAC FundingSandoroKhanLazuranServedioFrostAlejandreThe trend? Borrower loses in the trial court. Borrower doen’t give up. Borrower appeals.Appellate court says:
Borrower, you’re right, and the court was wrong.
No matter how bad your experience in the trial court, you simply cannot win on appeal if you don’t eventry. It’s just like Wayne Gretzky said: “You miss 100% of the shots you don’t take. ”
Showing Up for an Appeal
Now take a look at that last case. Under that case name, it says what lawyers appeared for each side. Notice who appeared for the bank: nobody.
No brief filed
. The bank didn’teven show up!Here’s the biggest new trend in foreclosure law: banks aren’t even trying to protect their wins on appeal. They admit error, or don’t even brief the case. From the borrower’s perspective, this means winning because the other side doesn’t even show up.William Roper noticed this trend of banks just giving up instead of fighting their appeals.He’s begun to collect a list of decisions where foreclosure judgments—cases where the bank won and the borrower lost in the trial court—were overturned on appeal because the bank just gave up.The Court of Appeals for the Fifth District in Florida overturned two foreclosure judgments this week by confession of error:
Gillen v. Federal National
Blumenfeld v. Fifth Third
But the decisions arereflective of the increasing tendency for the foreclosure mills to abandon appeals.
Some earlier examples:
Frost v. LaSalle Bank
Mera v. EMC Mortg. Corp.