Homeowner's Right to Recover Attorney's Fees After Winning Foreclosure Could Be in Jeopardy

April 24, 2019

 

Just a few days ago, on April 18th, the Florida Supreme Court made a u-turn and withdrew its previous opinion in Glass v. Nationstar. You may recall that the Supreme Court, in Glass, had ruled that the homeowner would be entitled to recover her attorney's fees after prevailing in the foreclosure action. Glass was a good case for Florida's homeowners.

 

Now, after Governor DeSantis appointed three new justices to the Florida Supreme Court, the Court withdrew its opinion in Glass, finding that the Court never had jurisdiction to hear the case in the first place. If you win your foreclosure case in a court in our part of the state (Hillsborough, Pinellas, Pasco, etc.) you would still be entitled to recover your attorney's fees due to the Second District Court of Appeal's ruling in Harris. 

 

However, be on notice that this issue will most likely come back for review again before the Florida Supreme Court, and the result will most likely not be favorable for Florida's homeowners in foreclosure.

 

See, the banks want to be able to hail you into Court and then when they lose, they want to get out of having to reimburse you for your attorney's fees. However, when the bank wins and gets a foreclosure judgment, they want to recover their attorney's fees! The banks want to have it both ways, and frankly I don't think that's right. 

 

Have a great evening and thanks for reading.

 

Best,

 

Ryan Torrens

Foreclosure defense attorney

 

 

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