Legal Opinion

Reverse Mortg. Solutions, Inc. v. Nunez

District Court, S.D. Florida

Decided March 20, 2019No. CASE NO. 18-22204-WILLIAMSPublishedCited by 2 opinions

1Opinion of the Court

KATHLEEN M. WILLIAMS, UNITED STATES DISTRICT JUDGE

Appellant appeals the Bankruptcy Court's decision holding that Appellee/Debtor ("Debtor") is a "borrower" under a reverse mortgage issued by Appellant ("RMS"). Debtor filed a Chapter 13 plan proposing to cure the default under the reverse mortgage by paying off the unpaid taxes and insurance. RMS objected to the plan, arguing that Debtor was not a "borrower" under the reverse mortgage and therefore Debtor could only cure the default and prevent foreclosure by paying off the entire debt secured by the mortgage. The Bankruptcy Court overruled…

2Cases cited13 opinions

  1. Johnson v. Home State BankSupreme Court of the United States · 1991
  2. Coady v. D.A.N. Joint Venture III, L.P. (In Re Coady)Court of Appeals for the Eleventh Circuit · 2009
  3. Huntington Nat. Bank v. Merrill LynchDistrict Court of Appeal of Florida · 2000
  4. Graham v. FittsSupreme Court of Florida · 1907
  5. Boyette v. CardenDistrict Court of Appeal of Florida · 1977

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3Cited by2 opinions

  1. Evelyn Theresa HordattUnited States Bankruptcy Court, S.D. Florida. · 2020
  2. Lewis M. WinsteadUnited States Bankruptcy Court, S.D. Mississippi · 2019

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