Are More Florida Trial Judges Beginning To Hold Lenders Accountable In Foreclosure Actions?

In Marion County, Florida, the Ocala Star Banner reports:

• The facts aren't unusual: In 2008, a couple in Reddick defaulted on a home mortgage and the bank pursued foreclosure. The couple contested the action. But the outcome defies the usual pattern. The defendants prevailed at a non-jury trial and, to date, have been allowed to keep the home.

• According to the attorney handling the homeowners' case, this didn't happen because of some ground breaking ruling or unexpected turn of events during litigation. Rather, it's a sign that judges are starting to hold more plaintiffs accountable in foreclosure actions.

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• Since May 2008, the Reddick couple has owed $482,170 on their home. Chase Home Finance, LLC filed a foreclosure lawsuit in August 2008. The case went all the way to a bench trial before Circuit Judge Brian Lambert in August 2010. [...] This past December, Lambert issued a final judgment in favor of the homeowners, saying that the plaintiff had failed to meet its burden of proof of showing that Chase — the previous lender and plaintiff — had standing to bring the lawsuit. He also ruled that U.S. Bank failed to meet its burden of proof re-establishing the [purportedly lost] mortgage note or that it was the owner of the note at the time of trial.

For more, see Judge rules bank failed to prove ownership of couple’s mortgage.