Summary Judgment Win for Pasco County Homeowner
Updated: Dec 27, 2019
I hope the holiday season is treating you all well. I wanted to report on a November 29, 2019 summary judgment win in a Pasco County foreclosure case. The Court granted our motion for summary judgment, filed on behalf of the homeowner, and denied Plaintiff's motion for summary judgment. The basis of the win was the failure of the Plaintiff to plead a loan modification.
Florida law currently provides that when a mortgage loan has been modified and the homeowner falls into default, the only way the bank may successfully foreclose is by alleging a loan modification default in its lawsuit and by proving the default through competent, substantial evidence. See, for example, Kuehlman v. Bank of America, N.A. (Fla. 5th DCA 2016).
In our case, we took the deposition of the bank's corporate representative and asked whether any loan modifications had been completed. He testified that yes, two loan modifications had been completed and both adjusted the principal balance of the loan. In its lawsuit, the bank had only mentioned the original loan documents and made no mention of any loan modifications. Relying upon this deposition transcript, we moved for summary judgment and the Court appropriately granted the motion, dismissing the foreclosure action.
A great victory for our Pasco County homeowner client!
Consumer Litigation Attorney