DANIELA FLOYD
v.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP AND MIDDLEBROOK PINES CONDOMINIUM ASSOCIATION, INC.
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A defendant who prevails in a foreclosure action by proving the plaintiff lacked standing at the inception of the suit is entitled to recover attorneys' fees under section 57.105(7), Florida Statutes.
[1] A defendant who prevails in a foreclosure action by establishing that the plaintiff lacked standing at the inception of the suit is entitled to recover attorneys' fees un…
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Join FLexlaw to unlock all legal intelligenceBank of America initiated a residential mortgage foreclosure action against Daniela Floyd. At trial, while the bank had standing, Floyd proved the ban…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DANIELA FLOYD,
Appellant,
v. Case No. 5D17-2712
BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP F/K/A COUNTRYWIDE
HOME LOANS SERVICING, LP AND
MIDDLEBROOK PINES CONDOMINIUM
ASSOCIATION, INC.,
Appellees.
________________________________/
Opinion filed January 25, 2019
Appeal from the Circuit Court for Orange County, Julie H. O'Kane, Judge.
Thomas Eross, Jr., and Kendrick Almaguer, of The Ticktin Law Group, PLLC, Deerfield Beach, for Appellant.
Jason D. Silver, of Greenspoon Marder, of Ft. Lauderdale, Roy A. Diaz and Adam A. Diaz, of SHD Legal Group PA, Ft. Lauderdale, for Appellee Bank of America, N.A., Successor By Merger to BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP.
No Appearance for Appellee, Middlebrook Pines Condominium Association, Inc.
2
HARRIS, J.
Appellant appeals the trial court’s final order denying her motion for attorneys’ fees following the involuntary dismissal of Appellee’s residential mortgage foreclosure action. Appellant argues that she is entitled to attorneys’ fees under section 57.105(7), Florida Statutes (2018), because she prevailed below by proving that while Appellee had standing at the time of trial, it lacked standing at the inception of the foreclosure suit. We agree. See Madl v. Wells Fargo Bank N.A., 244 So. 3d 1134 (Fla. 5th DCA 2017); see also Glass v. Nationstar Mortg., LLC., 44 Fla. L. Weekly S100a (Fla. Jan. 4, 2019); Harris v. Bank of N.Y. Mellon, 44 Fla. L. Weekly D141a (Fla. 2d DCA Dec. 28, 2018).
Therefore, we reverse and remand for entry of an order granting Appellant’s motion for attorneys’ fees. REVERSED and REMANDED ORFINGER and EDWARDS, JJ., concur.