Legal Opinion
Reverse Mortgage Solution, Inc. v. The Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, etc.
District Court of Appeal of Florida
Decided October 7, 2016No. 16-0966PublishedCited by 1 opinion
1Opinion of the CourtWetherell, J.
Appellant, Reverse Mortgage Solutions, Inc. (RMS), seeks review of the final order dismissing this mortgage foreclosure action with prejudice and cancelling the underlying mortgage. We reverse because the dismissal order constitutes an improper and unwarranted sanction against RMS for the actions of counsel for a different party in a prior case involving the mortgage.
Factual and Procedural Background
In April 2007, Ernest Brock entered into a “reverse mortgage” agreement pursuant to which he received what amounted to a line of credit of approximately $300,000 (the loan) in exchange for a…
2Cases cited14 opinions
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Deutsche Bank National Trust Co. v. LippiDistrict Court of Appeal of Florida · 2012
- Houck Corp. v. New River, Ltd., PascoDistrict Court of Appeal of Florida · 2005
- Wells Fargo Bank, N.A. v. BohatkaDistrict Court of Appeal of Florida · 2013
- Neu v. TurgelDistrict Court of Appeal of Florida · 1985
9 more not listed; retrieve them via the Exa API.