One More Homeowner In Foreclosure Hops On 'Conga Line' Of Appellate Court Reversals

Another ruling of a lower court adverse to a homeowner in a foreclosure matter was recently reversed by a Florida appeals court.

As in an earlier ruling (see Appeals Court 'Conga Line' Of Happy Homeowners Winning Reversals Of Erroneous Trial Judge Foreclosure Rulings Continues To Get Longer), the issue here involved whether the foreclosing lender complied with the written requirement contained in the mortgage that the borrowers be given written notice specifying the default, the action needed to cure the default, and the time period of thirty days to do so.

Despite the fact that the lender failed to establish that it had complied, Broward County Circuit Court Judge Ronald J. Rothschild rubber stamped the foreclosure judgment anyway. On appeal, a three-judge panel reversed, and booted the matter back to Rothschild.

This case serves as another reminder to homeowners in foreclosure that it's not enough to have the law on your side and expect a trial judge to rule accordingly. Inasmuch as it appears that some trial judges seem to have taken leave of their senses when ruling in foreclosure cases by screwing up on basic procedural fundamentals, homeowners also need the wherewithal to challenge an unfavorable ruling in an appeals court.

Marcy S. Resnik of Kahn, Chenkin & Resnik, P.L., Dania, and Mark L. Pomeranz of Pomeranz & Associates, P.A., Hallandale, represented the homeowners.

For the ruling, see Valencia v. Deutsche Bank National Trust Company, 4D09-3297 (4th DCA June 22, 2011).