Jordan v. Nationstar Mortgage, LLC No. 92081-8 claim to have attempted to provide Jordan any notice of its intention to inspect the property and rekey it. Nationstar contends that its usual practice is to change the locks on only one door, such that it can access the home in the future, but also so that the
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Mari Anne Glass v. Nationstar Mortgage, LLC, Etc., SC17-1387. Allison Morat is a partner at Pearson Bitman LLP in Orlando, Florida. Her practice areas include appellate law, business litigation, and consumer finance litigation. Allison can be reached AMorat@PearsonBitman.com.
"For the foregoing reasons, we quash the decision of the Fourth District in Nationstar Mortgage LLC v. Glass, 219 So. 3d 896 (fla. 4th dca 2017), and approve the decision in Bank of New York v. Williams, 979 So. 2d 347 (Fla 1st DCA 2008), on the question of whether a voluntary dismissal.
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Some foreclosure defense attorneys had feared a state appellate court ruling in Glass v. Nationstar Mortgage would leave them unable to collect fees.
Appeal in Nationstar Mortgage LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA – 2 – 2017), based on express and direct conflict with the decision of the First District Court of Appeal in Bank of New York v. Williams, 979 So. 2d 347 (fla. 1st dca 2008). Upon further consideration, we conclude that.
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After establishing that Nationstar Mortgage, LLC ("Nationstar") was not the holder of the note secured by his property at the time it filed a mortgage foreclosure suit and, therefore, lacked standingto maintain its suit , Joselito Martins sought and was awarded fees pursuant to the attorneys’
District Court of Appeal in Nationstar Mortgage LLC v. Glass, 219 So.3d 896 (Fla. 4th DCA 2017), based on express and direct conflict with the decision of the First District Court of Appeal in Bank of New York v. Williams, 979 So.2d 347 (Fla. 1st DCA 2008). Upon further consideration, we conclude that jurisdiction was improvidently granted.
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