Another 559.715 Appeal

The banks keep appealing when I get dismissals based on their failure to give the notice required by Fla. Stat. 559.715.

Are they going to win this one?

Ha!  Not when their opposing affidavit was brought “upon information and belief” and they failed to preserve their arguments for appeal.

Those procedural issues aside, I’m getting more and more confident on the merit of my position on 559.715.  I’m now citing cases from the Third Circuit, Fourth Circuit, Sixth Circuit, Tenth Circuit, and Eleventh Circuit (all of which are one step below the US Supreme Court), Florida’s Second District Court of Appeal, several other federal court decisions, and the orders of 44 different circuit court judges in Florida.

It’s called the “weight of the evidence,” no? 

Mark Stopa

www.stayinmyhome.com

The post Another 559.715 Appeal appeared first on Stopa Law Firm.

Circuit Court Orders as Authority? You Betcha.

Last month, a bank tried to prevent me from citing circuit court orders in a pending appeal, arguing these citations should be stricken.  I found their argument misguided (not to mention inappropriately personal), and I blogged about it here.

Well, as I anticipated, Florida’s Fourth District Court of Appeal denied the bank’s motion, allowing me to cite circuit court orders in an appeal as persuasive authority.

That blue box I regularly carry with me to court?  The circuit court rulings I circulate to try to convince other judges on novel issues of law in foreclosure-world?  Yeah … they’ll remain part of the arsenal. 

Mark Stopa

www.stayinmyhome.com

The post Circuit Court Orders as Authority? You Betcha. appeared first on Stopa Law Firm.

559.715 Briefs with Akerman

I’ve been hot and heavy with 559.715 for years now … hundreds of wins on the circuit court level … and the issue is coming to a head in Florida’s appellate courts.

Here’s the most recent, fully-completed round of briefs between me and Akerman.

I might be biased, but I sure feel like I’m on the right side of this one.  To understand why I say that, check out their brief closely – surprisingly little to say, IMHO – and take a long look at the cases cited in my Reply Brief.  I include cases I have yet to previously disclose, including decisions from the Third Circuit, Fourth Circuit, Sixth Circuit, and Tenth Circuit, all of which go in our favor and all of which are just one notch below the U.S. Supreme Court.

Initial Brief  (by me)

Answer Brief  (by Akerman)

Reply Brief  (by me)

Mark Stopa

www.stayinmyhome.com

The post 559.715 Briefs with Akerman appeared first on Stopa Law Firm.

Discord Among Judges in Foreclosure-Land

Earlier today, a friend asked me what one factor makes the biggest difference in winning versus losing a foreclosure case.  For me, that answer was easy – the facts of the case.  That’s an unsurprising answer, I’m sure, and it only makes sense – if the facts are on my side, my chances of obtaining a favorable outcome are much […]

The post Discord Among Judges in Foreclosure-Land appeared first on Stopa Law Firm.