Graham v. Pender 16-2020-AP-000023
Jan 19, 2021OUTCOME: Prevail at Trial; Affirmed on Appeal
Wrongful Eviction. Plaintiff attempted to evict client from house to which client had equitable title.
Jacksonville, FL
Consumer protection Lawyer at Jacksonville, FL
Practice Areas: Consumer Protection, Litigation ... +3 more
OUTCOME: Prevail at Trial; Affirmed on Appeal
Wrongful Eviction. Plaintiff attempted to evict client from house to which client had equitable title.
OUTCOME: Florida Fifth District Court of Appeal reversed trial court judgment for lender and remanded with instructions to involuntarily dismiss plaintiff's action.
Residential foreclosure on a VA loan. Case of first impression in Florida, holding that the VA regulations are condition precedent to mortgage foreclosure for a VA loan.
OUTCOME: Judgment for Defendant at trial. Bank appealed. Affirmed - Florida Fifth District Court of Appeal.
Residential mortgage foreclosure. Prevailed at trial based on testimony and evidence that the plaintiff failed to send a notice of default to the borrower as required by the terms of the mortgage, the ... reby denying the borrower a reasonable opportunity to cure the default. Trial court ruled in favor of defendant homeowner. Plaintiff lender appealed.
OUTCOME: Final Judgment for Defendant plus recovery of attorney's fees. This decision resulted in a free house for the homeowner.
Residential Mortgage Foreclosure. The plaintiff's notice of default was facially defective. As a result, the plaintiff could not prevail even when assuming that all of the allegations in the plaintif ... f's complaint were true. Defendant moved for summary judgment. The trial court granted the defendant's motion for summary judgment.
OUTCOME: Final Judgment for Defendant at Trial and recovery of attorney's fees.
Residential Mortgage Foreclosure. At trial, following direct examination of Nationstar's witness by counsel for the defendant, the trial court ruled that Nationstar did not establish that it had stand ... ing to foreclose the mortgage. The court entered final judgement for the defendant.
OUTCOME: Final Judgment for Defendants at Trial plus recovery of attorney's fees.
Residential Mortgage Foreclosure
OUTCOME: Involuntary Dismissal plus recovery of attorney's fees.
Residential Mortgage Foreclosure. Counsel for defendant filed a motion to dismiss the plaintiff's complaint. Trial judge dismissed plaintiff's action. Client recovered her attorney's fees without a ... hearing.
OUTCOME: Voluntary Dismissal with Prejudice.
Residential Mortgage Foreclosure. Counsel for the plaintiff filed a motion for summary judgment. Prior to the hearing, counsel for defendants negotiated a stipulation for a voluntary dismissal with p ... rejudice in exchange for waiving the right to seek recovery of attorney's fees.
OUTCOME: Voluntary dismissal.
Foreclosure by Homeowners Association. Plaintiff Association moved for summary judgment. At the hearing, the trial judge denied summary judgment. Counsel for defendant informed the plaintiff Associa ... tion that he was ready for trial. Instead of going to trial, the plaintiff association took a voluntary dismissal.
OUTCOME: Involuntary Dismissal at trial plus recovery of attorney's fees.
Residential Mortgage Foreclosure. At trial, following direct examination by counsel for the defendant, U.S. Bank could not prove that it mailed the notice of default as required by the terms of the mo ... rtgage. Trial court entered an involuntary dismissal of the action.