In another reversal of an improvident trial judge's ruling in a foreclosure case (guilty party: Pasco County Senior Judge Wayne L. Cobb), a Florida appeals court recently reminded us that a trial judge can't grant summary judgment in a case where the defendant asserts affirmative defenses and the sneaky bankster fails to refute them
The bankster merely responded by arguing that each affirmative defense should be stricken as facially insufficient.
For the ruling, see Amstone v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee
, No. 2D14-5480 (Fla. 2d DCA Jan. 6, 2016).
The homeowner's asserted the affirmative defenses of:
- failure to comply with section 559.715, Florida Statutes (2008);
- failure to post a cost bond pursuant to section 57.011, Florida Statutes (2008);
- failure to provide notice of breach and acceleration pursuant to Paragraph 22 of the mortgage; and
- a violation of the Federal Truth in Lending Act, 15 U.S.C. § 1641 (2008).