Florida Appeals Courts Spent A Busy 2015 Reversing Trial Court Screw-ups In Foreclosure Cases
The following list (not necessarily all-inclusive, and in no particular order) represents what appears to be most of the reversals of homeowner-unfavorable trial court rulings (37 in total to date) by only one of Florida's five appellate courts - the 4th District Court of Appeal - in 2015.
Included in the list is the case caption, appellate court case number (those looking for the official citation are left on their own to locate it - sorry), and the guilty trial judge issuing the incorrect ruling. In addition, while most of the cases involved homeowners represented by attorneys, six involved homeowners who represented themselves (ie. pro se) - at least in the appellate phase of the litigation, and are noted accordingly.
Finally, in each case, the appeals court reversal was unanimous (3-0 rulings).
One can only imagine, through extrapolation, how many screwed-over homeowners lost their homes due to incorrect trial judge rulings who, because they (or their attorneys) lacked the knowledge and/or wherewithal, failed to appeal the outcomes of their cases in the lower courts (dozens for every one reversal? maybe 100 or more per reversal?).
- Murray v. HSBC Bank USA, No. 4D13-4316 (4th DCA, January 21, 2015) (unanimously reversing Palm Beach County Judge Howard Harrison);
Jelic v. LaSalle Bank, Nat'l. Ass'n, No. 4D13-4040 (4th DCA, March 25, 2015) (unanimously reversing Palm Beach County Judge Kenneth Stern);
Farkas v. US Bank National Association, No. 4D13-3006 (4th DCA, May 27, 2015) (unanimously reversing Palm Beach County Judge Diana Lewis) (pro se homeowner);
Fiorito v. JP Morgan Chase Bank, Nat'l Ass'n, No. 4D13-2813 (4th DCA, August 26, 2015) (unanimously reversing Palm Beach County Judge Janis Brustares Keyser);
Perez v. Deutsche Bank Nat'l Trust Co., No. 4D13-4812 (4th DCA, August 19, 2015) (unanimously reversing Broward County Judge Cynthia G. Imperato);
Snyder v. JP Morgan Chase Bank, Nat'l Ass'n., No. 4D13-4036 (4th DCA, July 29, 2015) (unanimously reversing Broward County Judge Jeffrey E. Streitfeld) (Editor's Note: This judge bent over backwards to help the bankster - allowing it to reopen its case three times - and in the end, the court ruled incorrectly);
Guzman v. Deutsche Bank National Trust Co., No. 4D14-2509 (4th DCA, November 25, 2015) (unanimously reversing Broward County Senior Judge Mark E. Polen);
Matthews v. Federal Nat. Mortgage Ass'n, 160 So. 3d 131 (4th DCA, March 25, 2015) (unanimously reversing Palm Beach County Senior Judge Howard Harrison) (pro se homeowner);
Assil v Aurora Loan Services, LLC, No. 4D14-2257 (4th DCA, August 12, 2015) (unanimously reversing Palm Beach County Senior Judge Howard H. Harrison);
Citibank, NA v. Villanueva, No. 4D15-239 (4th DCA September 9, 2015) (unanimously reversing Broward County Judge Cynthia G. Imperato);
Peoples v. Sami II Trust 2006-AR6, No. 4D14-2757 (4th DCA, October 14, 2015) (unanimously reversing Broward County Judge John B. Bowman);
Tremblay v. US Bank, NA, No. 4D13-2402 (4th DCA, May 6, 2015) (unanimously reversing Broward County Judge Miette K. Burnstein);
Joseph v. BAC Home Loans Servicing, LP, No. 4D12-4137 (4th DCA, January 7, 2015) (unanimously reversing Palm Beach County Judge Diana Lewis);
Tilus v. As Michai LLC, No. 4D13-3616 (4th DCA, April 8, 2015) (unanimously reversing Palm Beach County Judge Kenneth Stern);
Balch v. LaSalle Bank NA, No. 4D14-2057 (4th DCA, August 5, 2015) (unanimously reversing Martin County Judge James W. McCann) (pro se homeowner);
Henderson v. Deutsche Bank Nat'l Trust Co., No. 4D13-1780 (4th DCA, February 11, 2015) (unanimously reversing Palm Beach County Judge Howard Harrison);
Fanelli v. HSBC Bank USA, No. 4D13-4111 (4th DCA, June 3, 2015) (unanimously reversing Palm Beach County Senior Judge Susan R. Lubitz) (entitlement to homeowner's attorney fees);
Donado v. PENNYMAC Corp., No. 4D14-1383 (4th DCA, August 19, 2015) (unanimously reversing Broward County Judge Cynthia G. Imperato);
Jarvis v. Deutsche Bank Nat'l Trust Co., No. 4D14-991 (4th DCA, June 17, 2015) (unanimously reversing Palm Beach County Senior Judge William R. Slaughter, II);
Lloyd v. Bank of New York Mellon, No. 4D13-3799 (4th DCA, March 25, 2015) (unanimously reversing Palm Beach County Judge Kenneth D. Stern);
Kenney v. HSBC USA, National Association, 4D13-4165 (4th DCA, September 24, 2015) (unanimously reversing Palm Beach County Senior Judge Judy P. Biebel);
Lamb v. Nationstar Mortgage, LLC, 4D13-3125, (4th DCA, August 19, 2015) (unanimously reversing Palm Beach County Judge Roger B. Colton) (pro se homeowner);
Harris v. HSBC Bank, USA, N.A., 4D14-54 (4th DCA, September 9, 2015) (unanimously reversing Broward County Judge Cynthia G. Imperato);
Schindler v. Bank of New York Mellon Trust Company, 4D13-4825 (4th DCA, April 8, 2015) (unanimously reversing Palm Beach County Senior Judge Howard H. Harrison) (pro se homeowner);
Ensler v. Aurora Loan Services, LLC, 4D14-351 (4th DCA, October 28, 2015) (unanimously reversing Palm Beach County Senior Judge Roger B. Colton);
Salmon v. Foreclosed Asset Sales And Transfer Partnership, 4D13-4618 (4th DCA, April 22, 2015) (unanimously reversing Palm Beach County Senior Judge Howard H. Harrison);
Jelic v. BAC Home Loans Servicing, LP, 4D14-516 (4th DCA, November 4, 2015) (unanimously reversing Palm Beach County Judge Richard L. Oftedal);
Sanchez v. SunTrust Bank, 4D14-2457 (4th DCA, November 25, 2015) (unanimously reversing Palm Beach County Judge Jack Schramm Cox);
Cardona v. Nationstar Mortgage, LLC, 4D14-1609 (4th DCA, August 19, 2015) (unanimously reversing Palm Beach County Judge John J. Hoy);
Rodriguez v. Wells Fargo Bank, N.A., 4D14-100 (4th DCA, October 14, 2015) (unanimously reversing Palm Beach County Senior Judge Howard Harrison) (special concurrence by Judge Connor may be of some interest regarding the establishment of standing to foreclose);
Blum v. Deutsche Bank Trust Company, 4D13-4271 (4th DCA, March 4, 2015) (unanimously reversing St. Lucie County Senior Judge James W. Midelis);
D'Alessandro v. Fidelity Federal Bank & Trust, 4D13-3387 (4th DCA, January 7, 2015) (unanimously reversing Palm Beach County Judge Lucy Chernow Brown) (pro se homeowner) (quiet title suit);
Holt v. Calchas, LLC, 4D13-2101 (4th DCA, January 28, 2015) (unanimously reversing Broward County Judge Joel T. Lazarus);
Vera v. Wells Fargo Bank, N.A., 4D14-2672 (4th DCA, November 4, 2015) (unanimously reversing Palm Beach County Judge Roger B. Colton);
Wilson v. Deutsche Bank National Trust Company, 4D14-3747 (4th DCA, October 21, 2015) (unanimously reversing Martin County Judge James W. Midelis);
Wright v. Deutsche Bank National Trust Company, 4D13-3221 (4th DCA, January 7, 2015) (unanimously reversing Broward County Judge Joel Lazarus);
Osorio v. U.S. Bank N.A., 4D14-934 (4th DCA, March 25, 2015) (unanimously reversing Broward County Judge Cynthia G. Imperato).
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