So you got a Summary Judgment in favor of the Homeowner that the Bank should not have foreclosed- now what?
In the bank’s view,
the homeowner can’t resume making normal, monthly mortgage payments – not
without paying all of the late charges, attorneys’ fees, and default interest
since the alleged default, not to mention the monthly payments that accrued
since the last payment was made.
The homeowner’s
view, doing that would be ridiculous. Why should a homeowner who was
wrongly declared in default have to pay default interest, late charges, and
attorneys’ fees where those charges would have been unnecessary if the bank
hadn’t wrongly declared the default
Judge William Levens
of Hillsborough County 's Final
Judgment not only denied a foreclosure, but it required the bank to
reinstate the mortgage as of the date that payments stopped being
accepted. All default interest, late charges, attorneys’ fees – POOF,
GONE. The homeowner could resume making monthly, mortgage payments today
as if the mortgage were never in default. http://pubrec3.hillsclerk.com/oncore/showdetails.aspx?id=16972127&rn=1&pi=0&ref=search
Bank appealed to 2nd
DCA http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2013/April/April%2017,%202013/2D12-3051.pdf
The Second District
makes this ruling, it is binding law for every circuit judge in Florida and
affirmed Judge Levens position of putting the parties back in the financial
positions they would have been in had the foreclosure not occurred. T
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