The mortgage industry scored a significant victory last week when the Florida Supreme Court released its decision in Bartram v. U.S. Bank, N.A. broadly approving of the approach taken by the Fifth District Court of Appeal and other courts in addressing the application of the statute of limitations in the context of an action
Brian Alexander Wahl
Brian Wahl has appeared in state and federal courts throughout the country for firm clients facing a variety of legal obstacles in their respective industries. His matters frequently involve the defense of Fortune 500 pharmaceutical and medical device manufacturers in individual and mass actions filed in Alabama and in federal MDL courts. For the last five years, Brian has spent a significant amount of his time litigating and trying contested foreclosures for lenders and financial servicing companies throughout the state of Florida.
Florida Courts Continue to Take the Wind Out of Foreclosure Defense Attorneys’ Sails
In late July, another Florida appellate court took a sizable chunk out of foreclosure defense attorneys’ litigation playbook, holding that substantial compliance, rather than strict compliance, is the prevailing standard to be used by courts when assessing whether a mortgage loan servicer complied with the pre-foreclosure requirements found in Paragraph 22 of most residential mortgages.…